White v. Corlies & Tifft

After exchanging specifications and a signed estimate for office fit-out work, Corlies (defendant) sent White (plaintiff) a note authorizing him to begin work immediately on a two-week completion timeline; White responded by purchasing and preparing materials, but before doing any work visible to Corlies, Corlies sent a second note retracting the offer. White sued for breach; the trial court instructed the jury that White did not need to communicate assent before beginning work, and the jury found for White. Corlies appealed the instruction.

Whether acceptance of an offer by beginning performance must be sufficient to manifest or communicate that acceptance to the offeror in order to form a binding contract.