Lauve v. Balfour
Lauve v. Balfour
Opinion of the Court
Opinion by
§ 726. Reward; offer of, by publication; withdrawal of, and notice. Numerous fires having occurred in the city of Galveston, believed to be the work of an organized band of incendiaries, the board of underwriters advertised in the Galveston News, offering a reward for the apprehension, arrest and conviction of any of the offenders. Balfour, who was a police officer of the city, instituted this suit to recover the reward, claiming to
We think the case is determinable on the facts presented in the record. The notice offering the reward was published for two weeks only in the Galveston News, and was the'n discontinued. It is admitted by appellee that the notice could have been withdrawn through the same channel in which it was made, that is, by published notice of withdrawal before rights had accrued under it.,. No contract arises under such an offer until its terms are complied with. The fact that the claimant of such reward was igribrant of its withdrawal is immaterial. [Shuey, Executor, v. United States, 2 Otto, 73.] In this case the advertisement never appeared elsewhere than in" the Galveston News, and it appeared in that paper for two weeks only. After two weeks the notice was cliscon-/ tinued before any rights had accrued under it. We aref of opinion that the discontinuance of the publication of the notice was tantamount to an express revocation of it. But if this were not so, the withdrawal or discontinuance of said notice, to say the least of it, was sufficient to put ■all those within the corporate limits of the city of Galveston upon inquiry as to its further continued^existence;: and whatever is sufficient to put a party upon inquiry is in law held to be notice. [Powell v. Haley, 28 Tex. 53.].
§ 727. Reasonable time. With regard to reasonable time, it is ■well settled that it must depend upon the places of residence and the relative positions of the parties, their means of inter-communicatioir, and the other facts and circumstances of the case. [Mitchell v. Clay,
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.