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Contracts Keyed to Whaley
Phillips v. Moor
Citation:
71 Me. 78 (1880)Facts
Phillips’ guardian had been negotiating with Moor regarding the sale of hay stored in Phillips’ barn. Moor had his workers press the hay and made a written offer of $9.50 per ton for most of the hay and $5.00 for three tons of lesser quality. After considering other offers, Phillips’ guardian sent a written acceptance of Moor’s offer five days after receiving it. The acceptance included a hope that Moor might pay $10.00 per ton if the hay proved to be of good quality. Moor received this acceptance but made no reply. Two days later, before the hay could be removed, it was destroyed by fire in the barn. Evidence showed that Moor had arranged for someone to haul the hay for sixty cents per ton. After the fire, Moor denied liability and claimed payment for pressing the hay.
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19m 28s
