Story Case

Peters & Stone were egg dealers in Chicago. On January 5,1915 they made the following contract with Jones & Company, commission merchants:

Jan. 5, 1915. We promise to deliver to Jones and Company 5000 dozen eggs (grade"Best"), to be paid for at the price of 15c per dozen, ten days after delivery.

(Signed) Peters & Sons.

Peters & Sons, though often requested, refused to deliver the eggs. Jones and Company sued for breach of contract and Peters & Sons claimed the contract was void because no definite time was set for delivery. Is the defense a good one?

Ruling Court Case. Rattle Long Vs. Cornelius Keedy, Volume 71 Maryland Reports, Page 385; Volume 5 Lawyer's Reports Annotated, Page 759

Cornelius Keedy was the principal and proprietor of the Hagerstown Female Seminary. In the summer of 1887, being desirous of securing a music teacher, he wrote a letter to Hattie Long, in which he said: "I desire to engage a teacher of vocal and instrumental music. Salary is from $300 to $400 and home, according to the ability of the teacher." Miss Long immediately answered, stating "that she was a competent teacher of music, both instrumental and vocal," and was willing to accept the position on the terms stated. He then wrote to Miss Long: "After due reflection, I have concluded to offer you the position of teacher of instrumental and vocal music." In this letter he stated that, in case she was successful with her work, that she might be re-engaged for the following year at an increased salary. He also stated that her salary was to be $400 with room and board. Miss Long thereupon replied, accepting the offer as stated in his last letter.

After she had served in the capacity of teacher for two months, she was discharged by Keedy without just cause. She thereupon sued for damages for the breach of contract of employment.

It was contended by Keedy that it was a contract of employment which could be terminated at will, because it was no where stated in their correspondence that she was to be engaged for the whole school year.

Decision

Although, in the letters between Miss Long and Mr. Keedy, it no where appeared in express words that she was to be employed for the whole year, yet from all the facts it clearly appears that his offer was employment for the whole school year. The salary he offered her was for the whole school year, and it is certain that he intended to offer her employment on the same basis. This is a reasonable interpretation as to time.

Accordingly, it was held that Miss Long might recover damages for the wrongful breach of her contract of employment.

Ruling Law. Story Case Answer

It has just been pointed out that an offer should be certain. The mere fact that all the terms are not expressly stated in the offer does not make it uncertain, if such terms are clearly implied. If a stock dealer were to offer to sell one hundred shares of stock, without mentioning in his offer the price he wished, and this offer were accepted by the offeree, it is reasonable to suppose that it would be implied that they were to be sold at the market price of such stock.

In the Story Case, the time for delivery would be implied as meaning within a reasonable time. Eggs may not be kept for a great length of time without depreciating in value, hence the time would be fairly short. The jury would determine just what a reasonable time is. The defense is not a good one.