Eckstein v. Chapkewitz Fur Co.

New York Supreme Court

Eckstein v. Chapkewitz Fur Co.

131 Misc. 167, 225 N.Y.S. 400, 1927 N.Y. Misc. LEXIS 1209

DecidedNovember 29, 1927

StatusPublished

This text of 131 Misc. 167 (Eckstein v. Chapkewitz Fur Co.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Eckstein v. Chapkewitz Fur Co., 131 Misc. 167, 225 N.Y.S. 400, 1927 N.Y. Misc. LEXIS 1209 (N.Y. Super. Ct. 1927).

Pincite

Opinion

Frankenthaler, J.

Plaintiffs now make the point that no consideration was necessary since the extension amounted to an [168]*168offer which was accepted while still unrevoked. In this they appear to ;be correct. Consideration is only necessary to make an offer irrevocable for the period agreed upon. An option is nothing more than an irrevocable offer. (Clark N. Y. Law Cont, 34.) In the absence of consideration the offer may be withdrawn at any time, but if accepted prior to such withdrawal it ripens into a binding contract (Elliott Cont. § 232; 13 C. J. 295; James Option Cont. § 334.) Defendant has made no claim that the offer contained in the extension was revoked prior to plaintiff’s acceptance thereof. Plaintiffs would seem, therefore, to be entitled to the relief prayed for. In view, however, of the drastic character of the remedy sought the defendant will be given an opportunity to proceed to immediate trial by filing a stipulation within two days from date hereof agreeing to an immediate trial, in which event the motion will be denied and the cause set down for trial for the 5th day of December, 1927. Otherwise the motion will be granted. Submit order.

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Frankenthaler, J.

Plaintiffs now make the point that no consideration was necessary since the extension amounted to an [168]*168offer which was accepted while still unrevoked. In this they appear to ;be correct. Consideration is only necessary to make an offer irrevocable for the period agreed upon. An option is nothing more than an irrevocable offer. (Clark N. Y. Law Cont, 34.) In the absence of consideration the offer may be withdrawn at any time, but if accepted prior to such withdrawal it ripens into a binding contract (Elliott Cont. § 232; 13 C. J. 295; James Option Cont. § 334.) Defendant has made no claim that the offer contained in the extension was revoked prior to plaintiff’s acceptance thereof. Plaintiffs would seem, therefore, to be entitled to the relief prayed for. In view, however, of the drastic character of the remedy sought the defendant will be given an opportunity to proceed to immediate trial by filing a stipulation within two days from date hereof agreeing to an immediate trial, in which event the motion will be denied and the cause set down for trial for the 5th day of December, 1927. Otherwise the motion will be granted. Submit order.

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Bluebook (online)

131 Misc. 167, 225 N.Y.S. 400, 1927 N.Y. Misc. LEXIS 1209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eckstein-v-chapkewitz-fur-co-nysupct-1927.