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Contracts Keyed to Barnett
White v. Corlies & Tifft
Citation:
Court of Appeals of New York, 46 N.Y. 467 (1871)Facts
In September 1865, the Merchants instructed Builder to construct a suite of offices at 57 Broadway and requested an estimate of the cost. On September 28th, Builder left his estimate with Merchants for them to consider. On the same day the Merchants made a change in their specifications and Builder sent back the same estimate. On the following day the Merchants’ bookkeeper wrote the Builder a note: “Upon an agreement to finish the fitting up of offices… you can begin at once…” The Builder did not reply, and a second note revoking the offer was sent. After the Builder received the first note he began purchasing lumber and beginning work; after he received the second note he filed suit for breach of contract.
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