Lewis v. Browning – Case Brief
Lewis v. Browning, 130 Mass. 173 (1881).
Facts: Lewis (P) wrote to Browning (D) asking him to send him a telegraph by a certain date if he wished to agree to the terms of a lease. Lewis claimed that no contract had formed because he did not receive Browning’s acceptance by the deadline. The trial court entered judgment in favor of P and D appealed.
Issue: May an offeror demand that acceptance be made by actual communication of that acceptance to him?
Holding and Rule: Yes. An offeror may demand that acceptance be made by actual communication of that acceptance to him.
Parties may contract around the mailbox rule by stating the terms for acceptance in the contract. The court held that under these facts it was necessary for P to receive D’s acceptance in order to render the contract valid and enforceable. D’s acceptance never reached P and therefore P prevailed.
Disposition: Affirmed.