Cutrer v. Open Range RV Co.

hi agree with the majority that the evidence fails to establish Cutrer’s consent to the purported settlement agreement. However, I find the letter faxed by Cut-rer’s counsel is not an offer, but an invitation to negotiate. For a proposal to qualify as an offer, it must reflect the intent of the author to give to the other party the right of concluding the contract by assent. If there is no such intent, the proposal cannot be considered an offer, but only an invitation to negotiate or an expression of willingness to receive offers from others. Delta Testing and Inspection, Inc. v. Ernest N.…