Hackett v. Edwards, Merrill & Co.

In an action for damages for a personal injury to an infant, the defendant, on the 2d of February, served on plaintiff’s attorney an offer of judgment for $500 and costs. On the 8th of February,. about 2 o’clock in the afternoon, plaintiff’s attorney obtained an order of court authorizing the infant’s guardian ad litem to accept the offer. About 3i o’clock of the same afternoon defendant’s attorney sent to plaintiff’s attorney a “ notice of the withdrawal of the offer of judgment,” which notice plaintiff’s attorney promptly returned, with a denial of defendant’s right to retract the offer.…