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16. On October 15, Webb, in New York City, wired Cushing, in Scranton, as follows: I offer you 100 shares 'Garnett Incorporated' stock at $211.00
16. On October 15, Webb, in New York City, wired Cushing, in Scranton, as follows: "I offer you 100 shares 'Garnett Incorporated' stock at $211.00 cach. I suggest you answer by Air Mail today, because I must know your answer by 10 o'clock tomorrow moming." Cushing immediately upon receipt of Webb's offer sent a reply by Air Mail accepting the offer, depositing his letter in the Scranton Post Office at 3 o'clock, October 15. This letter, in the normal course, should have reached Webb by 9 o'clock the following morning. Unknown to either party the airplane carrying the mail was delayed by an accident, and Cushing's letter did not reach Webb until 12 o'clock, October 16. In the meantime, Webb had sold his holdings at 11 o'clock, October 16. Cushing brings suit against Webb for breach of contract. Can he recover? Explain. 17. On July 5, plaintiff called at defendant's office and while there was given a written offer whereby defendant agreed to sell him a parcel of real property for $750. On July 7 defendant received an offer from a third party for $760. On July 8 at 1:00p.m. defendant mailed a notice of revocation which plaintiff received at 8:00p.m. that evening. At 4:00p.m. on July 8 plaintiff mailed a letter of acceptance, which defendant received at 8:30 p.m. that same evening. When defendant denied that there was any contract between them, plaintiff sued for specific performance. Decide and explain. 18. On November 10, Wilson sent a letter to Bames to sell Barnes a certain quantity of potatoes at a given price. In the offer it was stated that the offer would remain open until November 22. After receiving the offer on November 12, Bames immediately wired an acceptance, which was delayed because of a storm and was not received by Wilson until November 15. On November 11, Wilson had sent a revocation of his offer by mail which was received by Barnes on November 14. Wilson refused to sell the potatoes, whereupon Bames brought suit. Judgment for whom? Explain fully, stating the arguments on both sides. Probleme on Contrarte. Reinecolo DARA 4 19. A wired B "I will take 400 bushels of wheat at seventy-five cents, F.O.B. Chicago." B, believing that he had only 300 bushels, immediately wrote in reply, "Will send you 300 bushels at the price named." After mailing this letter, B discovered that he had wheat enough to fill A's order for 400 bushels, and the same day telegraphed to A that he would ship 400 bushels according to A's letter. The telegram was received and read by A before the letter. After receipt of B's letter, however, A bought from X, the price of wheat having fallen, and refused to accept B's shipment. (a) What are B's rights against A? (b) Would your answer remain the same if A had received B's letter before he received B's telegram? Explain. Ac Go 16. On October 15, Webb, in New York City, wired Cushing, in Scranton, as follows: "I offer you 100 shares 'Garnett Incorporated' stock at $211.00 cach. I suggest you answer by Air Mail today, because I must know your answer by 10 o'clock tomorrow moming." Cushing immediately upon receipt of Webb's offer sent a reply by Air Mail accepting the offer, depositing his letter in the Scranton Post Office at 3 o'clock, October 15. This letter, in the normal course, should have reached Webb by 9 o'clock the following morning. Unknown to either party the airplane carrying the mail was delayed by an accident, and Cushing's letter did not reach Webb until 12 o'clock, October 16. In the meantime, Webb had sold his holdings at 11 o'clock, October 16. Cushing brings suit against Webb for breach of contract. Can he recover? Explain. 17. On July 5, plaintiff called at defendant's office and while there was given a written offer whereby defendant agreed to sell him a parcel of real property for $750. On July 7 defendant received an offer from a third party for $760. On July 8 at 1:00p.m. defendant mailed a notice of revocation which plaintiff received at 8:00p.m. that evening. At 4:00p.m. on July 8 plaintiff mailed a letter of acceptance, which defendant received at 8:30 p.m. that same evening. When defendant denied that there was any contract between them, plaintiff sued for specific performance. Decide and explain. 18. On November 10, Wilson sent a letter to Bames to sell Barnes a certain quantity of potatoes at a given price. In the offer it was stated that the offer would remain open until November 22. After receiving the offer on November 12, Bames immediately wired an acceptance, which was delayed because of a storm and was not received by Wilson until November 15. On November 11, Wilson had sent a revocation of his offer by mail which was received by Barnes on November 14. Wilson refused to sell the potatoes, whereupon Bames brought suit. Judgment for whom? Explain fully, stating the arguments on both sides. Probleme on Contrarte. Reinecolo DARA 4 19. A wired B "I will take 400 bushels of wheat at seventy-five cents, F.O.B. Chicago." B, believing that he had only 300 bushels, immediately wrote in reply, "Will send you 300 bushels at the price named." After mailing this letter, B discovered that he had wheat enough to fill A's order for 400 bushels, and the same day telegraphed to A that he would ship 400 bushels according to A's letter. The telegram was received and read by A before the letter. After receipt of B's letter, however, A bought from X, the price of wheat having fallen, and refused to accept B's shipment. (a) What are B's rights against A? (b) Would your answer remain the same if A had received B's letter before he received B's telegram? Explain. Ac Go
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