If an offer is made by letter, an acceptance by written reply takes effect from the time it is sent and not from the time it is received; hence, withdrawal of the offer by the offeror after that time is ineffective. If an offer contains alternative propositions, the party receiving the offer may elect between the alternative propositions.
(Orig. Code 1863, § 2690; Code 1868, § 2686; Code 1873, § 2728; Code 1882, § 2728; Civil Code 1895, § 3646; Civil Code 1910, § 4231; Code 1933, § 20-114.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 17 Am. Jur. 2d, Contracts, §§ 25, 29, 31, 35, 48 et seq., 57, 60, 67.
C.J.S.- 17 C.J.S., Contracts, §§ 33, 36, 52, 57. 17A C.J.S., Contracts, §§ 356, 374, 580, 592, 597, 624.
ALR.
- Time and place of consummation of contract on acceptance by telegraph of offer, 47 A.L.R. 159.
Time when offer or proposition is mailed, or when it is received through mail as commencement of period allowed for acceptance, 72 A.L.R. 1214.
Withdrawal of, or right to withdraw, letter from mail as affecting consummation of contract, 92 A.L.R. 1062.
Character and validity of written instrument as a contract for sale of goods as affected by election or option in respect of subject-mater, 105 A.L.R. 1100.
Attempted revocation of offer by letter mailed or telegram filed before, but not received until after, letter or telegram of acceptance was mailed or filed, 125 A.L.R. 989.
Applicability and application, in civil case, of presumption of addressee's receipt of telegram, 24 A.L.R.3d 1434.