Scoular Company v. Denney
Colorado Court of Appeals
151 P.3d 615 (2006)
Farmer Denney (defendant) orally offered to sell 15,000 bushels of millet to Scoular (plaintiff) at a set price; Scoular found a third-party buyer willing to pay a price that would meet Denney's terms and sold the grain to that third party, then weeks later mailed Denney a written purchase agreement he never signed; when Denney instead sold his millet to a different company, Scoular sued for breach, and the trial court found an enforceable contract and awarded Scoular damages.
Whether, when an offer to form a bilateral contract requires the beginning of performance for acceptance, the offeree must objectively manifest intent to accept the offer and notify the offeror of acceptance within a reasonable amount of time.