Story Case

Farmer Hillhouse needed to have his orchard pruned. He made the following offer to Poncar Buskins, who was an experienced pruner:

"If you will prune my orchard, I will pay you $3 a day for the work, as soon as you have finished it".

Four days later, Buskins finished the work and demanded $12 in payment. Hillhouse refused to pay, on the ground that Buskins had not promised to do the pruning and that he had therefore hired another man to do it. Is this a good answer ?

Ruling Court Case. Babcock Vs. Raymond, Volume 2 Hinton's New York Reports, Page 61

Raymond was the proprietor of the New York Daily Times, a newspaper published in the city of New York. In September of 1865, while the probability of the election of Mr. Fremont to the position of President of the United States, was a subject much discussed and commented upon in newspapers and elsewhere, Bab-cock prepared and sent to Raymond an article bearing upon the election. The subject matter of the article was drawn from an investigation made during the summer of that year, in a very extensive canvass among a large number of people in various conditions.

The New York Daily Times contained a certain column for the publication of such articles. At the head of the column was a statement that all communication accepted and published would be paid for at certain regular rates. Although Babcock had prepared and sent his article in and it had been published, Raymond refused to give proper compensation. Relying upon this offer, Babcock thereupon sued him for the value of the article.

It was contended by Raymond that he had not made an offer which had been accepted by Babcock, and therefore there was no contract.

Decision

In this case, there was an offer by Raymond, in his paper, of a promise for an act. The paper contained the statement that certain prices would be paid for articles accepted and published. This was a standing offer which contemplated acceptance by an act on the part of the person who accepted. Thus, when Babcock prepared and sent in his article, and when it was accepted and published by Raymond, the contract became complete and binding upon Raymond.

Thereupon it was held that Babcock might recover the usual price for such an article.

Ruling Law. Story Case Answer

It has just been established that an offer may be in the form of an offer of an act for a promise. If the promise is made and the act is done, a binding contract results. On the other hand, an offer of a promise may be made which contemplates acceptance by an act. So long as this promise remains unrevoked, any one, knowing of the offer of the promise, who performs the act, comes into a contractual relation with the person making the promise and the agreement becomes binding. This is well illustrated by cases where an offer to pay a reward to any one, who, knowing of the offer, performs the act of capturing the criminal. In the Story Case, the offer which Farmer Hillhouse made contemplated acceptance by the act of pruning the orchard and he should not have expected a promise. Buskins can clearly recover the $12.