Story Case

Praffron Juiner, a carriage maker, said to Hertes Ilnow:

"I'll paint your carriage for $15.00".

Ilnow replied:

"All right, Praffon, I'll send it around and pay when it is finished".

After the carriage was painted, IInow refused to pay $15, giving as a reason that $15 was too high a price. Junier sued him for the agreed charges.

Should he get it?

Ruling Court Case. Day Vs. Caton, Volume 119 Massachusetts Reports, Page 513; Volume 20 American Reports, Page 347

Day was the owner of lot 27, and Caton the owner of an adjoining lot, number 29, both located in the city of Boston. Day built a brick party wall, placing one-half of the wall on his lot and one-half on the lot belonging to Caton. It was shown in evidence that Day and Caton had some conversation about the wall previous to its erection. It was understood between them that Day was to be repaid for putting up the wall partly on the lot of Caton.

When the wall was finished and used thereafter by Caton he refused to pay anything towards the expenditures incurred by Day in its erection. Day, thereupon, brought this action seeking to recover from Caton half the expenses by him made in the erection of the wall.

Decision

The jury found, as a matter of fact, that Day offered to build this wall if Caton would promise to pay a part of the cost when he should use the wall. The evidence further showed that Caton did promise to pay his share if Day would build it. Therefore, when Day built the wall, Caton's promise to pay a portion of the expenditures became binding upon him. This was an instance where one party makes an offer of an act for a promise on the part of the other person. Judgment was given for Day in this action.

Ruling Law. Story Case Answer

An offer may be one of four kinds. First, it may take the form of an offer of an act for a promise. That is, the offeror states that he will perform certain services, accomplish a particular task, if the offeree, the person to whom he makes the offer, will make a promise in return. The Story Case is an example of this type. Junier offered an act which Ilnow accepted by a promise to pay $15 and Junier can recover this amount;