Exercise 73

1. As between the sender of a letter and the person to whom it is addressed, in what capacity does the post office act?

2. At what precise moment does the acceptance of an offer by mail bind the contract?

3. What conclusion does Sir Frederick Pollock draw from the rule that "a person who makes an offer by letter or by telegraph becomes bound by contract the moment the offeree dispatches his acceptance by mail or by telegraph"?

4. In the following cases the acceptances are not received within a reasonable time because of delays of various kinds. State in which, however, there is legally a communication of the acceptance and consequently a complete contract, and in which there is no contract, viz.: —

(1) C sends an offer by his clerk to D. D delivers his

acceptance to the clerk.

(2) A sends an offer by a servant to B. B examines
it and immediately sends his own servant with
his acceptance to A.

(3) A sends an offer by his servant to B, and B immedi-
ately mails his acceptance to A.

(4) C makes D an offer by mail, requesting a reply by
mail. D mails his acceptance.

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

(6) A makes an offer to B by mail, and B telegraphs his
acceptance to A.

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

(8) D telegraphs E an offer, adding, "Wire me your
reply." E hands his acceptance to the telegraph

(9) D wires an offer to E, and E mails his acceptance
to D.

(10) A telegraphs an offer to B. B hands his acceptance

to the telegraph company.

5. On June 1, A offers by letter to sell B 100 shares of stock at $10 a share, and demands an immediate reply. Through misdirection B does not receive the letter until June 5, but immediately accepts by letter, which he mails, but which is not received by A until June 7. On June 6, however, the stock has advanced to $12 a share, and A not having heard from B and deeming that B does not wish the stock, sells it to C. Can A be held liable by B?

Exercise 74

You are a confidential clerk and stenographer to the firm of Coolidge & Greer, Buffalo, N.Y. Greer is in Europe, and the head of the firm has left in a hurry to catch a train. Ten minutes after his departure a telegraph messenger brings you the following scrawled on a crumpled envelope: "Howard is about to fail. Write express company to hold goods until further notice." (Signed) COOLIdge.

The firm sent a case of goods yesterday to Samuel C. Howard, 121 State Street, Chicago, by Adams Express. As they have learned that Howard is about to fail, they desire to exercise their right of stoppage in transitu. Write letter.

Exercise 75

1. Robert W. Hunt, of 435 Drexel Building, Philadelphia, Pa., and Frank K. Alexander, of 1012 Masonic Building, Chicago, Ill., have been corresponding concerning the purchase and sale of one hundred shares of traction stock owned by Hunt. Write a letter from Hunt to Alexander offering the stock for $87 a share.

2. By the next morning after the preceding offer is made, circumstances arise which make it desirable for Hunt to countermand the offer. Write a telegram withdrawing it.

CHAPTER XIII

MISCELLANEOUS EXERCISES

Exercise 76

You are in the house furnishing goods business:

1. Mr. Frank Clayton has applied for a position as traveling salesman, and refers to Messrs. Phillips & Dunlap, of (give some address in your city), for information as to character and ability. You have found Mr. Clayton prepossessing in manner and might engage him at once, but you make it a rule to investigate testimonials and references. You will rest your decision largely upon Messrs. Phillips & Dunlap's reply. Write them these facts.

2. Then write the reply of Messrs. Phillips & Dunlap, stating that personally they have a favorable opinion of Mr. Clayton. They do not, however, believe that he possesses the qualifications for success on the road. While affable in manner, he has not the aggressive force that alone can successfully battle against sharp competition, and that he lacks the personal magnetism that would make him popular and influential. His work for their house was conscientious and painstaking; but owing to the lack of results they were obliged to dispense with his services. They regret that they cannot advise his being engaged as a traveling salesman. They suggest that Mr. Clayton would make a valuable office assistant, as his methodical habits and integrity are unquestioned.

Exercise 77

You are a real estate agent:

One of your tenants, Mr. Samuel McCormick, of 1023 Walnut Street, owes $100 for rent due March 1. You have called at his office several times in the last two weeks, but never found him in. You are expected to pay all the rents over to owners before the 15th

sympathetic mood. They are produced like the improvisations of an organist. One cannot read these masterpieces without having his sensibilities quickened and all his higher emotions gently stirred. Such letters are an unfailing source of inspiration.

CONGRATULATION ON ANNOUNCEMENT OF ENGAGEMENT George Bancroft to Charles Sumner

MY DEAR SUMNER:

NEWPORT, Sept. 15, 1886.

Though you may think I come tardily, like the lame son of the Israelitish king, yet you must receive with a true welcome my heart-felt congratulations on the impending change which is to make of the rest of your life a romance of untold happiness. Love in very young folks is so natural that it is no more observable than the blending of two drops of dew into one, or the mixing of two tears, or the junction of two tiny brooks, or anything else that may be charming but is commonplace and not noteworthy; but when a man of mature years, of high endowments, of the most varied culture, a robust nature, hardened by conflicts, treading the paths of ambition with energy and daring, is touched by the tender passion, love gains majesty as well as gentleness. To feel the passion of love in its full force, the subject of it needs to have the ripened experience of an active and unblemished character, the strength of a powerful, complete, and undecaying manhood.

To the lady in whom your affections have found a home I had the pleasure of being presented a few years ago; but I do not know her well enough to justify my writing to her directly; so I must claim of you to be the bearer of my regard, and to charge her to include me henceforward among her friends, having so many

years been included among yours. I hope your marriage will prove not only fraught with blessings for you and for her, but an omen of peace to the country, in whose history you have gained yourself so lasting a name. Mrs. Bancroft joins in all I have written, and more. I am ever, dear Sumner, most faithfully yours, GEORGE BANCROFT.

ANNOUNCING THE BIRTH OF A CHILD

Oliver Wendell Holmes to Mrs. Charles W. Upham

MY DEAR ANN:

March 9, 1841.

Last evening, between eight and nine, there appeared at No. 8 Montgomery Place a little individual who may hereafter be addressed as

but for the present is content with scratching his face

and sucking his right forefinger.

LETTERS OF CONDOLENCE

William Cowper to Joseph Hill, Esq.

MY DEAR FRIEND:

To condole with you on the death of a mother aged eighty-seven would be absurd; rather, therefore, as is reasonable, I congratulate you on the almost singular felicity of having enjoyed the company of so amiable and so near a relation so long. Your lot and mine in this respect have been very different, as, indeed, in almost every other. Your mother lived to see you rise, at least to see you comfortably established in the world;