Kennedy-Stroh Corp. v. Davis
Superior Court of Pennsylvania
Kennedy-Stroh Corp. v. Davis, 72 Pa. Super. 381 (1919)
1919 Pa. Super. LEXIS 320
Head, Henderson, Keller, Porter, Qrlady, Trexler, Williams
Kennedy-Stroh Corp. v. Davis
Opinion of the Court
Opinion by
The opinion filed by Judge Shafer in the court below discharging the rule for judgment for want of a sufficient affidavit of defense briefly, but quite clearly, sets forth the facts out of which the present controversy arises. Prom those facts he deduces the legal principle which controlled his action in the disposition of the case.
We are all of the opinion the conclusion he reached was a correct one and we can perceive nothing of value we could add to his opinion. We accordingly adopt it as expressive of the reasons why we affirm the judgment. The assignments of error are overruled.
Judgment affirmed.
Reference
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- Kennedy-Stroh Corporation v. Davis
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- Syllabus
- Contracts — Acceptance — Meeting of minds — Confirmation of offer. An offer to sell certain material under definite terms and conditions must be accepted, in accordance with such terms, before there can be a meeting of minds,- and a consummation of the contract between the parties. Where, in an action upon a contract, the plaintiff’s ease consists of the proof of the proposal, with the presumption of assent thereto arising from the silence of the defendant, no legal inference of a contract can arise out of such silence, without evidence of a duty to speak on the part of the defendant, which was neglected to the plaintiff’s harm. The insertion of additional conditions, and the substitution of a new party to the contract, is not an acceptance of an offer which would constitute a contract between the parties.