Nature of the Case
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Facts
Corlies and Tifft (D) gave White (P), a builder, specifications for setting up a suite of offices and asked for an estimate. P left an estimate with D. That same day, D's bookkeeper made written changes: 'Upon an agreement to finish the fitting up of offices at 57 Broadway in two weeks from date, you can begin at once.' P did not reply to these written changes, but he did purchase the lumber. The next day D countermanded their offer. P brought an action for breach. The court instructed the jury that P was not obligated to make a formal acceptance of the first note in order for there to be an enforceable contract. The judge indicated that the contract became binding as soon as P started to work on the job. The lower court found that the offer looked to performance by P. The intermediate appellate court affirmed. D appealed.
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