2949 Inc. v. Mccorkle

127 Wash.App. 1039 (2005)

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

Ds own a floral design company. P operates a commercial signage company called Sign-O-Lite Signs. Ds signed a pre-printed form contract provided by a Sign-O-Lite sales representative. Ds agreed to lease commercial signage that would be designed, manufactured, and installed by Sign-O-Lite. On February 26, 2003, the owner of Sign-O-Lite signed the contract but did not send it to Ds. On February 28, 2003, Ds notified Sign-O-Lite that they were canceling the contract. Nevertheless, on March 19, 2003, Ds received a letter dated March 11 from Sign-O-Lite notifying them that the company accepted their contract offer. P brought this breach of contract action arguing that paragraph 23 of the contract made the Ds' offer irrevocable. That paragraph states: Acceptance by the Owner [Sign-O-Lite] must be by an executive officer of the Owner. This Agreement shall not be binding upon the Owner after execution by the Advertiser(s) [the McCorkles], and this Agreement shall constitute an irrevocable offer by the Advertiser(s) to the Owner for a period of sixty (60) days from the date of execution by the Advertiser(s). The execution of the Agreement by a sales representative of the Owner is in no way acceptance by the Owner. The Superior Court affirmed the judgment, and this court granted discretionary review.

Issues

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Holding & Decision

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Legal Analysis

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