Ever-Tite Roofing Corp. v. Green
Louisiana Court of Appeal
83 So.2d 449 (1955)
Green (defendant) signed a written offer for Ever-Tite Roofing Corp. (plaintiff) to re-roof his home, to be paid for on credit financed through Green's lender; the offer set no deadline for acceptance but allowed acceptance either in writing or by starting the work. Both parties understood Ever-Tite first needed to complete a credit check and get financing approved. Once approval came through the next day, Ever-Tite loaded its trucks with materials and dispatched laborers to Green's home, intending to accept by commencing performance. When the crew arrived, they found Green had already hired another contractor two days earlier and was told to leave. Ever-Tite sued for breach; the trial court held Green had validly revoked before Ever-Tite began performance, so no contract was ever formed, and Ever-Tite appealed.
Whether an offer that specifies no time limit for acceptance may still be validly accepted -- and thus form a binding contract -- by the offeree's commencing performance within a reasonable time.