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Allen v. Bissinger & Co.

Utah Supreme Court

219 P. 539 (Utah 1923)

Relevant factsFree

Allen (plaintiff) offered large shippers copies of official hearing-transcript reports; Bissinger (defendant) responded asking to be put down for "a copy" of the official report and received it in several installments before objecting mid-delivery that it thought there would be only one volume and had no use for further installments. Allen sued for the unpaid balance, and Bissinger argued no contract existed because it had only accepted a summary of changes, not the full official report.

IssueFree

Whether the real but unexpressed state of a party's mind is relevant to determining whether an agreement was formed, when the party's words or acts, judged reasonably, manifest an intention to agree.

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