Hackley v. Oakford
Court of Appeals for the Third Circuit
Appeal from the Circuit Court of the United States for the Western District of Pennsylvania. For opinion of circuit court, see 92 Fed. 38.
1Opinion of the Court
DALLAS, Circuit Judge.
In the absence of a specific contract there cannot be a decree for specific performance. A proposal unaccepted, or an acceptance which departs from the terms of the proposal, does not constitute a contract. Until all essential points have been mutually and finally assented to the negotiations remain open, and no contract arises until the negotiations are closed. These principles were not overlooked by the court below, but we think that, with reference to the facts of this case, they were not rightly applied. Mr. Jessup, an attorney at law, was also the defendant’s…
2Cited by6 opinions
- Elkhorn-Hazard Coal Co. v. Kentucky River Coal CorporationCourt of Appeals for the Sixth Circuit · 1927
- Phelan v. NearySouth Dakota Supreme Court · 1908
- Snow v. NelsonU.S. Circuit Court for the District of Nevada · 1902
- Northwestern Lumber Co. v. Grays Harbor & P. S. Ry. Co.Court of Appeals for the Ninth Circuit · 1915
- Denis, Danziger & Tessier v. TiltonSupreme Court of Louisiana · 1907
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