Stonsz v. Equitable Life Assurance Society of the United States

Dissenting Opinion

by Me. Justice Maxey :

I cannot concur in the majority opinion unless the law gives me the authority to rewrite the contract between the two parties to this suit and that authority the law gives to nobody. It is one of the oldest established principles of law that in order for a contract to come into being between two parties, the acceptance of an offer must be identical with the offer. As the principle is stated in 6 R. C. L., page 608, section 31: “There must be no variance between the acceptance and the offer.” (Citing numerous cases.) 13 C. J., page 281, section 86,…