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Contracts Keyed to Kuney
Ever-Tite Roofing Corp. v. Green
Citation:
83 So.2d 449 (1955)ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
On June 10, 1953, defendants signed an instrument for the purposes of obtaining plaintiff’s services to re-roof their house in Webster Parish, Louisiana (plaintiff’s place of business was in Shreveport). The instrument was signed by plaintiff’s sale representative, who, however, did not have the authority to accept the contract on behalf of the plaintiff. In relevant part, the alleged contract stated: “This agreement shall become binding only upon written acceptance thereof, by the principal or authorized officer of the Contractor, or upon commencing performance of the work.” Since the work was to be performed on credit, the plaintiff had to obtain financial reports on defendants and approval from a lending institution. The day following approval, either June 18 or 19, 1953, plaintiff sent its workmen and two trucks of material to defendants’ residence. However, upon arrival, the workmen found others performing the work and defendants notified the plaintiff’s workmen that the work had been contracted to another party two days prior.
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