Schulingkamp v. Aicklen - 534 So. 2d 1327 (La. Ct. App. 1988)

Rule:

La. Civ. Code Ann. art. 1928 provides that when the offeror manifests an intent to give the offeree a delay within which to accept, without specifying a time, the offer is irrevocable for a reasonable time. What constitutes a reasonable time must be made under the particular facts and circumstances of the case.

Facts:

The buyers offered to purchase certain property of the owner and tendered their note as a deposit conditioned on the owner's execution of a contract. The sale was to be completed after the owner subdivided the property and a variance for construction had been obtained. When the owner took no action for 36 days, the buyers gave written notice revoking their offer. The owner filed suit to collect on the note, which the district court dismissed. On appeal from dismissal, the owner argued that she had tacitly accepted the offer and no further act on her part was required.

Issue:

1. Under the circumstances, was there an acceptance of offer prior to its withdrawal?
2. Were the buyers entitled to revoke the offer?

Answer:

1) No. 2) Yes.

Conclusion:

In affirming the district court’s decision, the court ruled that, although under La. Civ. Code Ann. art. 1927 an offer could be tacitly accepted, the owner failed to establish by the evidence that her actions were clearly indicative of an acceptance. The court found that the buyers' offer was irrevocable within the meaning of La. Civ. Code Ann. art. 1928 and could be accepted within a reasonable time, which was dependent on the particular facts and circumstances. The court held that the owner was afforded a reasonable time to act and took no steps to accept and that the buyers were entitled to revoke their offer, which they did.