Telecon, Inc. v. Emerson-Swan, Inc.

Telecon, Inc. (Telecon) and the defendant (E-S) made a written contract under which Telecon was to survey E-S’s telephone system in an effort to achieve “the same or an improved service [to E-S] at a reduced cost based on rates . . . in effect [on] the date of” the contract. The contract provided (by par. 4 of E-S’s undertakings) that E-S would “forward a de cision to” Telecon within thirty days after Telecon’s recommendations were received, “which recommendations . . . [would] be deemed accepted if written rejection” was not tendered by E-S “within the [thirty-day] period” by mail to a…