2949 Inc. v. Mccorkle

127 Wash.App. 1039 (2005)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Ds own a floral design company. P operates a commercial signage company called Sign-O-Lite Signs. Ds signed a pre-printed form contract provided by a Sign-O-Lite sales representative. Ds agreed to lease commercial signage that would be designed, manufactured, and installed by Sign-O-Lite. On February 26, 2003, the owner of Sign-O-Lite signed the contract but did not send it to Ds. On February 28, 2003, Ds notified Sign-O-Lite that they were canceling the contract. Nevertheless, on March 19, 2003, Ds received a letter dated March 11 from Sign-O-Lite notifying them that the company accepted their contract offer. P brought this breach of contract action arguing that paragraph 23 of the contract made the Ds' offer irrevocable. That paragraph states: Acceptance by the Owner [Sign-O-Lite] must be by an executive officer of the Owner. This Agreement shall not be binding upon the Owner after execution by the Advertiser(s) [the McCorkles], and this Agreement shall constitute an irrevocable offer by the Advertiser(s) to the Owner for a period of sixty (60) days from the date of execution by the Advertiser(s). The execution of the Agreement by a sales representative of the Owner is in no way acceptance by the Owner. The Superior Court affirmed the judgment, and this court granted discretionary review.