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game, would it be the duty of the messenger boy to hunt him up at one
of these places? By no means. If B was not at his place of business
when he ought to have been, the company would not be bound to deliver
the message to him elsewhere, except at his house, unless he had left
a special direction with the company concerning its delivery.
Generally a telegraph company states very clearly its mode of
delivering messages and the time when it will do so, the place, etc.,
to which it will take them, and it is not obliged to hunt all over
creation to find the person to whom a message is addressed. That would
be a very unreasonable rule to apply. Therefore, if the company did
its duty A could not recover anything from it. Would A, then, it may
be asked, be obliged to fulfil his contract with B? He has sent his
withdrawal, which if delivered in time would have been received by B
before the letter containing the offer. B, however, is away from his
place of business, and perhaps is where he ought not to be--perhaps he
is playing poker or doing something worse--ought A under such
circumstances to be held by his offer? This is a closer question and
one that we will leave our readers to think over. Surely A would have
a strong reason for claiming that he ought not to be held under such
conditions.
A person who makes an offer cannot turn it into an acceptance. An old
uncle offered by letter to buy his nephew's horse for $100, adding:
"If I hear no more about the matter I consider the horse as mine." The
uncle, not hearing from the nephew, proceeded to take the horse. At
this stage of the proceedings, however, the nephew was not inclined to
suffer his good old uncle to make the contract entirely himself, and
refused to give up the horse. The court said that one person could not
do all the contracting himself, and this is what he virtually
undertook to do. If a person could, by correspondence or otherwise,
make a contract in this manner, one can readily see the dangers that
might follow. Some positive act must be put forth by the other party
showing or indicating his assent before it will be regarded as given.
A person, in truth, is not obliged to pay any attention to an offer of
this kind.
Rewards are often made. They are found almost every day among the
newspaper advertisements. These are binding under various conditions.
An interesting question has been raised in the case of a runaway horse
whose owner has made an offer to an
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