Droge v. National Tower Corp.

Appellate Terms of the Supreme Court of New York

Droge v. National Tower Corp.

171 Misc. 675, 13 N.Y.S.2d 569

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 29, 1939

StatusPublished

This text of 171 Misc. 675 (Droge v. National Tower Corp.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Droge v. National Tower Corp., 171 Misc. 675, 13 N.Y.S.2d 569 (N.Y. Ct. App. 1939).

Pincite

Opinion

Per Curiam.

By adding the words “ for a limited time ” to his signature plaintiff must be deemed to have made a counter offer to the defendant. Such counter offer required the defendant’s acceptance, either express or implied, in order to become a binding contract. There was no express acceptance nor have any facts been set forth from which an acceptance may be implied. It was, accordingly, error to deny the motion for summary judgment.

Order reversed, with ten dollars costs, and motion granted for the relief demanded in the complaint as amended by a stipulation dated April 3, 1939, with costs.

Frankenthaler and Noonan, JJ., concur; McCook, J., dissents.

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Per Curiam.

By adding the words “ for a limited time ” to his signature plaintiff must be deemed to have made a counter offer to the defendant. Such counter offer required the defendant’s acceptance, either express or implied, in order to become a binding contract. There was no express acceptance nor have any facts been set forth from which an acceptance may be implied. It was, accordingly, error to deny the motion for summary judgment.

Order reversed, with ten dollars costs, and motion granted for the relief demanded in the complaint as amended by a stipulation dated April 3, 1939, with costs.

Frankenthaler and Noonan, JJ., concur; McCook, J., dissents.

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Bluebook (online)

171 Misc. 675, 13 N.Y.S.2d 569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/droge-v-national-tower-corp-nyappterm-1939.