Kempner v. Cohn
Supreme Court of Arkansas
1 S.W. 869 (1886)
Relevant factsFree
Kempner (defendant) wrote Cohn (plaintiff) on January 30 offering to sell real estate for $10,000; the letter was hand-delivered to Cohn on February 2. Cohn replied in writing, agreeing to the terms pending a title review, and mailed that reply on February 7 — the same day Kempner separately mailed Cohn a letter withdrawing the offer. Cohn sued for non-performance, and a jury awarded him damages; Kempner appealed, arguing no contract had formed.
IssueFree
Whether the withdrawal of an offer sent by mail is effective if the withdrawal is received by the offeree after the offer has already been accepted.