Ever-Tite Roofing Corp. v. Green

Facts

The Defendant signed a document for the purpose of re-roofing their residence. The document included the work to be done and the price to be paid in monthly installments. The document was also signed by Plaintiff’s sales agent who was unauthorized to accept the contract on behalf of the Plaintiff. The document contained a provision that read “this agreement shall become binding only upon written acceptance hereof, by the principal or authorized officer of the Contractor or upon commencing performance of the work. This contract is not subject to cancellation.” Plaintiff performed a timely credit report and immediately following approval, the Plaintiff engaged workmen and loaded trucks and materials and proceeded to Defendant’s house to do the work. When Plaintiff arrived he found another company in the performance of the work Plaintiff had already contracted to do. Defendant told Plaintiff the other company signed a contract to do the work two days before. Defendant forbade the Plaintiff from doing the work. Defendant made no attempt to contact Plaintiff before this date. Defendant knew it would take several days because of the necessity to acquire financing. The Plaintiff proceeded with due diligence to this end.