The Elements of the American Law of Sales of Personal Property

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in answer to an inquiry does not bind the seller to sell at that price. 3 2, , Con temporan eousness. _^-The offer and the accept- ance must co-exist. So an offer may be retracted at any time before acceptance, although time is given to accept. 4 And so the bargain may be closed by assent before the lapse of the time granted for that pur- pose. 5 3. Communication. — (a) The assent must be com- municated actually, or by legal implication. 6 So mere uncommunicated preparations to act as if accept
...ance had been made do not make a binding assent. 7 So where A. wrote to B., " Upon an agreement to fit up my office, No. 57 Broadway, in two weeks, you can begin at once."' B., without replying, bought lumber and began work. A. not knowing it, countermanded 8 Smith v. Gowdy, 8 Allen, 566 ; Moulton t>. Kershaw, 59 Wis.
316 ; 48 Am. Rep. 516 ; Beaupre' v. Pac, etc., Tel. Co., 21 Minn.
355. So where A. wrote B. , offering salt at a stated price, with- out specifying quantity, and B. telegraphed, "You may ship me 2,000 bbls.


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