Story Case

Bernard Buck had planted in his back yard some sweet peas, of which he was very fond. One morning he found that some unprincipled person had torn them up. He became very angry and shouted:

"I'd give $500 to know who did this".

A neighbor heard the statement, and immediately began to search for the person. Five days later, the neighbor found the guilty person and demanded his reward. This Buck refused to pay. The neighbor brought suit for breach of contract. May he recover?

Ruling Court Case. Temper Vs. Stamper, Volume 6 Humphrey's Tennessee Reports, Page 113; Volume 44 American Decisions, Page 296

The son of Stamper was killed, and he himself was severely wounded by two men. On the evening after the unfortunate affray, there was great confusion in his home; the knowledge of the son's death had prostrated his wife and daughter; keen bodily pain from wounds, and his unbearable mental anguish made Stamper himself almost unaccountable; many friends and curious people added to the great disturbance by assembling in the house and about the yard to discuss the arrest of the fugitive. "When this uproar was at its height, Stamper walked into the yard with difficulty and entered into conversation with the group there, by saying that he would give two hundred dollars to any person who would apprehend the two men in question. To this remark, one of the company replied: "Mr. Stamper, I do not want your money." To this, Mr. Stamper said "Gentlemen, I did not mean it for you." Nothing further was said concerning the offer that night. A few days later, Temple, who was present that evening, was instrumental in having the criminal arrested. He demanded the reward and Stamper refused to pay it.

Stamper insisted that he did not actually intend those remarks of his that night as an offer of a reward in a legal sense; he claimed that it was a mere expression of strong feeling on his part.

Mr. Justice Turley, who delivered the opinion of the Court said: "We are constrained to believe that what is called an offered reward of $200, was nothing but a strong expression of his feelings of anxiety for the arrest of those who had so severely injured him, and this greatly increased by the distracted state of his own mind, and that of his family; as we frequently hear persons exclaim: 'Oh, I would give a thousand dollars if such an event were to happen, or vice versa.' No contract can be made out of such expressions; they are evidence of strong excitement, but not of a contracting intention".

Therefore, the Court was of opinion that judgment should be given to Stamper in this action.

Ruling Law. Story Case Answer

An offer made by a person, who has no intention to contract, cannot be accepted by a person in a legal sense, provided the latter was not misled by the offer. In the Court Case of Temper vs. Stamper, it is clear that every one who heard the offer, under the circumstances, understood that it was the mere utterance of a man highly excited, and was not actuated by a legal intention to contract. In the Story Case, the words would seem to indicate that Buck really intended to make an offer, but when taken in connection with the circumstances, it is perfectly apparent that the words were prompted, not by a contractual intention, but by strong feelings of anger over a slight matter.