Karas v. Brogan

The rule that acceptance must meet and correspond with the offer in every respect in order for an offer and acceptance to constitute a contract ordinarily presents a question as to whether there is in fact a material variance between the acceptance and the offer rather than any issue as to what principle of contract law applies. Burkhead v. Farlow (1966), 266 N. C. 595, 146 S. E. 2d 802.

Here, the trial court found that the offer specifically promised a title “free and clear of all liens and encumbrances” and that the oil lease which the acceptor referred to in his acceptance did not involve a…