Ever-Tite Roofing Corp. v. Green
Louisiana Court of Appeal
83 So.2d 449 (1955)
Green (defendant) executed and signed a written offer on June 10, 1953 to secure the services of Ever-Tite Roofing Corp. (Ever-Tite) in re-roofing Green’s residence. The offer did not specify a time frame for acceptance by Ever-Tite. The terms of the offer required acceptance either in writing or by commencing performance of the work. The work was to be performed on credit and financed by Green’s lending institution. Both Green and Ever-Tite understood the need to complete a credit check for Green and receive approval from the lending institution before beginning work. Upon receiving Green’s offer, Ever-Tite completed the credit check and received approval for financing. The next day, Ever-Tite loaded its trucks with the materials required for Green’s project and dispatched laborers for the job to Green’s residence. Ever-Tite intended to accept Green’s offer by commencing performance of the work. When Ever-Tite’s trucks and laborers arrived at Green’s home, however, they found that Green had already hired another contractor to perform the work. Green notified Ever-Tite’s laborers that he had hired other parties to perform the work two days earlier, and forbade Ever-Tite from beginning the work. Ever-Tite brought suit against Green in Louisiana state court for breach of contract. The trial court held that Green gave Ever-Tite timely notice of withdrawal of the offer before Ever-Tite commenced performance of the work, and thus, no contract existed. Ever-Tite appealed.
Rule of Law
Holding and Reasoning (Ayres, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 171,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.