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Contracts Keyed to Marshall
Akers v. Sedberry
Citation:
286 S.W.2d 617 (1955)Facts
On October 2, 1950, Mrs. Sedberry sent to complainants telegrams, signed by “J. B. Sedberry, Inc., by M. B. Sedberry, President,” stating that their resignations were accepted, effective immediately. We quote the telegram to Akers, omitting the formal parts: ‘Account present unsettled conditions which you so fully are aware we accept your kind offer of resignation effective immediately. Please discontinue as of today with everyone employed in Sedberry, Inc., Engineering Department, discontinuing all expenses in this department writing.’ While this said she was “writing,” she did not write. Akers wrote her, but held up sending his letter, at the request of her brother, Mr. Byars, who was one of the officers of the bank in Tyler, Texas. Akers later wrote the letter stating that he was amazed to get her telegram, and called her attention to the fact that no offer to resign by him was open or outstanding when she sent the telegram.
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