Schreiber v. Olan Mills
Superior Court of Pennsylvania
627 A.2d 806 (1993)
Relevant factsFree
An Olan Mills (defendant) telemarketer called Schreiber (plaintiff) to solicit business, prompting Schreiber to send a letter stating he wasn't interested and demanding Olan Mills stop calling, adding that if it called again, he would consider that a contract for his "listening services" at $100 per hour. After Schreiber received two more telemarketing calls, he billed Olan Mills $479 and sued for breach of contract when Olan Mills refused to pay; the trial court dismissed, finding no contract existed as a matter of law.
IssueFree
Whether, to establish a contract, there must be a meeting of the minds such that the parties mutually assent to the same thing.
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