This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
An expression of desire or hope is not of itself an offer which will become a contract upon acceptance by the adversary party.1 A statement by an owner of a building as to the time at which the owner hopes the building will be completed, is not an offer which makes such time or performance a term of the contract; and the statement by the builder that the building could be completed in such time, does not, therefore, amount to an acceptance.2 Statements which show a desire for the success of the party to whom they are made in transactions upon which he is about to enter, do not amount to offers in consideration of his entering upon such transaction.3 A, a contractor, had agreed as a part of his contract with B, a municipal corporation, to indemnify it against liability for injuries caused by his negligence. X brought an action against B for injuries thus caused; and A refused to take part in such action. Judgment was recovered against B, and B's attorney notified A that B would appeal, whereupon A replied that "he hoped the city would win." Such expression of interest on A's part was held not to be equivalent to a fraud or request which would entitle the city to recover the expenses of such appeal from A.4