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2949 Inc. v. McCorkle

Washington Court of Appeals
127 Wash. App. 1039 (2005)

Written by Rose VanHofwegen, JD

Facts

Terry and Taletha McCorkle agreed to lease a sign for Taletha’s Floral Design (together, defendants) from 2949 Inc., doing business as Sign-O-Lite Signs (plaintiff). The McCorkles signed a Sign-O-Lite form with a clause stating that it was a firm offer irrevocable for 60 days before acceptance, which would become a binding, irrevocable contract once Sign-O-Lite’s owner signed it. The McCorkles did not sign the irrevocability clause separately. Five days later, Sign-O-Lite’s owner signed the form, but did not send it back. Two days later, the McCorkles told Sign-O-Lite to cancel. Sign-O-Lite sent a letter stating that it had already accepted the offer and sued to recover for breach. Sign-O-Lite argued that its promises to prepare, manufacture, and install the sign provided consideration for the irrevocability clause, and that Sign-O-Lite performed credit and reference checks and reviewed the order details in reliance on the offer. The trial court granted summary judgment, awarding Sign-O-Lite $11,000. A superior court affirmed. The McCorkles appealed.

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Holding and Reasoning (Agid, J.)

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