t he would give thirty
dollars for his horse and added, "If I hear no more about the matter,
I consider the horse is mine." The game did not work, for no man can
both make and accept an offer at the same time, and that is what the
foxy uncle tried to do.

Offers and rewards are often made through the newspapers. Thus the
owner of a carbolic smoke ball offered to pay a specified sum to any
one who suffered from influenza after using one of his smoke balls in
accordance with directions if he was not cured. A person who failed to
receive the benefit advertised recovered the reward. Two other cases
may be mentioned that illustrate the uncertainty of the law. An
excited farmer offered the following reward, "Harness stolen! Owner
offers $100 to any one who will find the thief, and another $100 to
prosecute him!" The farmer cooled off and declined to pay after the
thief was caught and the court relieved him, declaring that his
advertisement was not an offer to pay a reward, but simply an
explosion of wrath. In another case a man's house was burning, and he
offered $5,000 to any one who would bring down his wife dead or alive.
A brave fireman accomplished the feat. This offerer too cooled off and
declined to pay, but he did not escape on the ground that this was
only an explosion of affection, and was obliged to pay.

Lastly a contract dates from the time of acceptance, and is construed
or interpreted by the law of the place where it was made. If it is to
be performed in another place, then the parties must be governed by
the law of that place in performing it.

A contract having been made, next follows its execution. When a
contract is not executed, or not executed properly, the party injured
usually may recover his loss. Sometimes the contract states what the
offending or wrongful party must pay should he fail to execute it.
Many questions have arisen from such agreements. Suppose a contractor
agrees to build a home for another and to finish it within a fixed
time, and, failing to do so, shall forfeit or pay to the other $5,000
as a penalty for his failure. One would think that if he failed to
execute it the other party could demand the $5,000. But the courts
have a way of their own in looking at things. Suppose the contractor's
failure did not in fact result in any loss whatever to the other
party? The courts in such a case are very reluctant to enforce the
agreement. If there had been a loss, something like that amount,