Thank You For Submiting Feedback!
According to La. Civ. Code Ann. art. 1938, a written acceptance is received when it comes into the possession of the addressee or of a person authorized by him to receive it, or when it is deposited in a place the addressee has indicated is the place for this or similar communications to be deposited for him.
The purchaser purchased a truck from the corporation. The purchaser began to have mechanical problems soon thereafter. The purchaser filed a suit for rescission of the sale of the truck. Prior to trial, the corporation sent a settlement offer to the purchaser. The purchaser called the corporation, told it the agreement was signed, and asked when the purchaser's bank loan would be paid off. When informed that the loan was not part of the deal, the purchaser announced that there was no deal, physically cancelled his signature on the settlement offer, and never returned settlement offer to the corporation. The trial court granted the purchaser a rescission of the sale after it overruled the corporation's exception of res judicata.
Was there an effective acceptance of the settlement offer?
The court affirmed the decision of the trial court. Because the settlement offer was never physically returned to the corporation, there was never an effective acceptance. Accordingly, the exception of res judicata was properly overruled. The court affirmed the rescission because the evidence was sufficient to support the purchaser's claim that the defective truck was unfit for its intended use and that he would not have bought it had he known of the defects.