The Archive · 1940

Who Spoke First?

"The Court cannot conceive why the plaintiff did not avail itself of its right to revoke its offer to the defendant immediately after June 7. It had six days' time to avail itself of this opportunity but failed to do so and it appears to the Court that the plaintiff can be charged with laches in this respect. In this case there was no revocation until after defendant had accepted plaintiff's offer which the latter refused to perform.

In the present case there appears to be no question about the fact as to which spoke first, The defendant accepted the plaintiff's offer in writing on June 13 and it was not until after that date that the plaintiff refused to comply with the defendant's acceptance. The defendant spoke first and it appears to the Court that he in his rights to demand that intiff carry out the terms of its offer of March 31."

On similar grounds the other action by the company was dismissed.

Text read from the printed page and cleaned; old type leaves the occasional error.

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