had been carefully observed, the damage could not have occurred; that he believes it was due entirely to the carelessness of some employee, and that he therefore looks to the express company for damages, and makes claim for $50.

2. Under proper date acknowledge receipt of the foregoing letter by the Western Express Company, stating that the matter will be investigated, and that a reply will be sent within a few days.

3. Considerable time has elapsed since the receipt of the letter from the Western Express Company. Bayne feels that they have had ample time for their investigation. Write them that he desires to have the matter settled, and that he would like them to give the matter their immediate attention.

4. Under proper date write letter from Western Express Company stating that they have considered the foregoing claim of (date), and while they are willing to assume responsibility in the matter and make some satisfactory adjustment, they believe that the claim of $50 is entirely too large. That they are willing to send their check for $25, which they believe will be full compensation for the damage done.

5. Then write reply from Bayne, stating that he has since found the bill for the picture and frame, which shows the original cost to have been $50; that, in view of this, he cannot assent to a settlement upon the basis they suggest; that he must insist on full settlement, and that in view of the facts presented, they must now surely see that his claim is entirely fair and just.

6. Then write letter from Western Express Company, inclosing their check for $50 in settlement of claim.

NOTIFICATION LETTERS

Exercise 93

You are secretary of the Columbia Title and Trust Company, of 9th and G Streets, Washington, D.C. An annual meeting of the stockholders of the company will be held at the office of the company on Monday, November 16, at 3.30 o'clock P.M., at which time an elec

tion will be held for five directors to serve for three years, and one director to fill the unexpired term of Frank T. Buell for one year. Prepare notice to be sent to the stockholders.

Exercise 94

You are secretary and treasurer of the Schuylkill Navigation Company, 37 Broadway, New York. The Board of Managers has this day declared a dividend of three per cent (3%) ($1.50 per share) on the capital stock of the company, being dividend No. 112, payable (insert a date two weeks later than date of notice) to the stockholders as registered upon the books of the company at date of notice.

Prepare notice to be sent to stockholders, adding that checks will be mailed.

Exercise 95

Write a notification dated the 5th of the month to be sent to Messrs. Armstrong & Lee, Williamsport, Pa., informing them that your traveling salesman, Mr. Frank Chandler, will call upon them on or about the 15th, when the favor of their orders is respectfully requested.

Exercise 96

At the request of William H. Baker, vice president of the Postal Telegraph Cable Co., New York City, you send to William H. Deering (add address) a copy of their directory code with Mr. Baker's compliments. Write notification letter.

Exercise 97

You have this day made draft on Samuel Whitaker (add address) at sight for $125, which is in settlement of bill of goods shipped two months previous. Write letter courteously notifying him to be prepared to meet the same.

Exercise 98

James M. Wilson resides in Louisville, Ky. He subscribes to the Louisville Courier-Journal. He will spend four months at Hotel Poinciana, Palm Beach, Fla., and desires the Courier-Journal to be sent to him during that time. Write letter requesting the change of address.

tain price. On December 6, A writes that he has changed his mind and cannot give so much, and mails the letter. On December 8, B in New Orleans, receives the first letter, and the next day, the 9th, answers it, saying that he accepts the offer and mails the letter. On the 10th, he receives the second letter of A withdrawing the offer. Nevertheless the bargain is complete and the goods are sold. But if B had kept his letter of acceptance until he had received A's letter of withdrawal, he could not have put his letter into the mail and bound A by his acceptance.

The person making the offer by letter may withdraw it by telegraph or any other means, and any withdrawal, however made, terminates the offer, if it reaches the other party before his acceptance. Thus if A, in the case just stated, had telegraphed B on the 8th that he desired to cancel the offer sent in his letter of the 5th, and this telegram had been delivered to B before he mailed his acceptance, the withdrawal would be effectual. The advantages of the telegraph in withdrawing an offer made by letter are obvious.

A few illustrations will make this clearer. In the following cases the acceptance is communicated to A because it is communicated to his agent, and the contract is complete, though the acceptance may be delayed or lost. As between the sender of a letter and the person to whom it is addressed, the post office is the

agent of the sender. The sender impliedly makes the mail and telegraph his agent when he uses them to make his offer.

(1) A sends an offer by his office boy to B. B delivers

his acceptance to the boy.

(2) A makes an offer by mail requesting a reply by mail.
B mails his acceptance.

(3) A makes an offer to B by mail, but says nothing as
to how the acceptance is to be made. B mails his
acceptance.

(4) A telegraphs B an offer, adding "wire me your reply."
B hands his acceptance to the telegraph company.

(5) A telegraphs B an offer. B hands his acceptance
to the telegraph company.

In all the cases cited below, there is no communication of the acceptance to C until he actually receives it, and if it is delayed or lost on the way there is no

contract.

(6) C sends an offer by his office boy to D. D examines
it, and immediately sends his own clerk with his
acceptance to C.

(7) C sends an offer by his servant to D, and D immedi-
ately mails his acceptance to C.

(8) C makes an offer to D by mail, and D dispatches his
clerk to C with his acceptance.

(9) C makes an offer to D by mail, and D telegraphs his
acceptance to C.

(10) C wires an offer to D, and D mails his acceptance to C.
(11) C makes an offer to D by mail, conditional on the
acceptance being received by him by a certain day.
D mails his acceptance to C.

In making an offer by mail, therefore, it is well to state in the letter that unless a reply is received within a certain time, the writer will consider the offer refused. It is especially important for the writer to safeguard himself in some such way in offering to buy or sell · something which is fluctuating in value or which cannot be readily duplicated. Sir Frederick Pollock remarks concerning the law on this subject, "The practical conclusion seems to be that every prudent man who makes an offer of any importance by letter should expressly make it conditional on his actual receipt of an acceptance within some definite time."

On December 2, an insurance company wrote to William Tayloe, offering to insure his house for $8000, upon his (T) paying a premium of $57. The letter contained this sentence, "Should you desire to effect the insurance, send me your check, payable to my order, for $57, and the business is concluded." Through misdirection, T did not receive the letter until December 20, when he immediately accepted the offer by letter, inclosing his check for $57, which he mailed, but which was not received by the insurance company before December 31. On December 22, Tayloe's house was destroyed by fire. The insurance company, learning of the fire, refused to accept T's check when received, stating that inasmuch as the house was destroyed they could not insure it.