Massachusetts Bonding & Insurance v. Bins & Equipment Co.

Felton, Chief Judge,

dissenting. 1. The action here is predicated on the theory that the plaintiff’s offer was accepted by the contractor and that the two documents constitute the contract which was breached. The contractor’s order which the plaintiff contends was an acceptance of its bid, as it appears as an exhibit to the petition, was not marked “accepted” by the plaintiff. The original order as introduced in evidence showed that it was not construed by plaintiff as an acceptance but as a counter-order or proposal which was accepted in writing by the plaintiff. Thus, the cause of action…