Law School Case Brief
Schreiber v. Olan Mills - 426 Pa. Super. 537, 627 A.2d 806 (1993)
The elemental aspects necessary to give rise to an enforceable contract are offer, acceptance, consideration, or mutual meeting of the minds.
Appellant telephone customer sent a letter to appellee telemarketer claiming that appellant would charge appellee for a "listening service" if appellee persisted in making telemarketing calls. When appellee made additional calls, appellant billed for the purported listening service. When the bill was not paid, appellant instituted a suit to collect. Appellee filed preliminary objections asserting that the facts alleged in appellant's complaint did not show intent, on the part of either party, to enter into a contract. The trial court granted appellee's objections, finding no mutual intention to contract.
Were the facts alleged in the complaint sufficient to show intent on the part of either party or their representative to enter into a contract?
The court affirmed the trial court's order, holding that before a contract could be found, all the essential elements of a contract had to exist. The court found that there was no bargained-for-exchange because appellee did not act with any intention to bind itself to a listening services contract. Additionally, the court found there was no unconditional manifestation on the part of appellee acknowledging that a contract existed. The court held that there was no offer, acceptance, consideration, or mutual meeting of the mind to effectuate the elemental aspects of a contract.
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