Cantu v. Central Education Agency
Texas Court of Appeals
884 S.W.2d 565 (Tex. App. 1994)
Teacher Cantu (plaintiff) hand-delivered a resignation letter to her supervisor on a Saturday, requesting her final paycheck be sent to an address 50 miles away; the superintendent, the only person authorized to accept resignations, received it Monday and mailed a properly addressed acceptance letter that same afternoon. The next day, before receiving the mailed acceptance, Cantu hand-delivered a letter withdrawing her resignation, but the superintendent then hand-delivered a copy of his already-mailed acceptance, informing her withdrawal was too late; the state education commissioner ruled the resignation was accepted, and thus effective, at the moment the superintendent's letter was mailed, and Cantu appealed.
Whether an offer delivered by hand, without specifying a particular manner of acceptance, may be validly accepted by mail, effective at the moment of mailing rather than receipt.