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Schreiber v. Olan Mills - 426 Pa. Super. 537, 627 A.2d 806 (1993)

Rule:

The elemental aspects necessary to give rise to an enforceable contract are offer, acceptance, consideration, or mutual meeting of the minds.

Facts:

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. 

Issue:

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?

Answer:

No

Conclusion:

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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