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Ever-Tite Roofing Corp. v. Green

Louisiana Court of Appeal 
83 So.2d 449 (1955)


Facts

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.

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Holding and Reasoning (Ayres, J.)

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