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Hi H. 12 GOODWIN'S WEEKLY I . Bjpiillar Talks on Law, H GONTKACTS. H By Walter K.' Towers, A. B., ,T. B., of tho MIc Igan Bar. H You may need some help about B your stable ami write to John Jolfbs, H "I offer you $80 a nvonth and board, K room and washing If you will romo lo 1 work for me on the first of next H month, and will vagree to crntlnue 1 with me for a year." John Jones re- H piles'. "1 accept your offer, and will B 1h on haiid May first." WM I' rhapfe you have a tr-3 In your H front yard that you doslre tut down. H You call Sam Smith itcross th street H and .-ay, "Sam, I'll give you fl. dol- H lars t cut thin tree down. "All right," H Is Sam's reply. H Y on have been 'out of town, and H on nrrlvlng at your station, step into H the bus .to be driven up town, or to H, jour home. Perhaps you step Into HI a grocery and pick up a loaf of H hi-cad from a pile on the counter. H In each of th-se cases you have H entered i:ito a legally binding con- Hj tr.ici- You are bound to employ H John Jones and Sam Srrlth and to H pti i hem the agreed price for the H sen it en )erformed. You must pay Hj to tlu driver of the bus a reasonable H price for the services he has rendered H jmi, .iiul to the grocer a reasonable H price for the loaf of bread you took. HH Thus It may be recognized that Bfl making a contract Is not necessarily H the solemn signing of a formidable H document, but may be accomplished H In the most informal of ways. Oon- H tract', affect us at every step of our Mw d,til llos; we are constantly enter- H liiK into then . They are of infinite H Minciy and arld form, but tho ev- H t'ljrim sort of a contract is u corn- H purumclv Himple affair and it Is far H from difficult to master the prin- H lpl". that govern its formation. A H conti ict is an aureement. True, it is jH something more than an agreement; H it is .i legally enforceable agreement. Hj But the bn ."Is of all contracts is the H agreement. I'ntil the agreement has H been reached there is no contract, ana H when this agreenvent has been ar- H rived at there is a contract, always H proxirld that such formalities as tho H l.m may provide for that particular H kind of contract have been ccmplled H with. lawers say that the essence H of the matter is a meeting, of the H minds'. Every contract, in Us last H' Visit I The I Palm Garden I H A Cool and Refreshing Cafe ( Besl Music I Besl Entertainment H Unexcelled Cuisine H Highest Grade Refreshmc nts H The Brightest Spot on Broadway" H TtiHt Around the Corner from Main H. Street. H 28 West Broadway. H MIiMF-U BROS, Proprietors. H A MKOSS, Algr. HLaaaagHBinaaaHMaa 'analysis, comes dowu to a question and an affirmative nnswori "Will you mow my lawn for a quarter?" you ask. "Yes," comes tho answer, and the contract Is complete. There has been this mestlng ot the minds. Further, there has been an offer, and an acceptance. AllaV Fox wished to :ol' his faim and wrote to Wlllard Barton, offer ing it to him for $1,000. Barton liked the proposition woll enough, knowing that the property was a bargain ut that price, but he concluded that he would try to buy It for a still lower price before he agreed to pay $1,000. lie replied to Fox, saying f.iat he would give him $000 for the place. Fox declined and Barton then wrote stating that he accepted his offsr at 1,000. But. by tills time. Fox had found several people who wanted his farm and decided that he could prob ably secure even more than $1,000. Barton endeavored to force Fox to sail the farm to him for $1,000, claim ing, that the contract had been com pleted when he accepted the offer ns made to him, the necessary written evidence being furnished by th let ter's signed by- the parties. But the court refused to enforce Bnrtjn's claim, ruling that when Barton had made the counter proposal of $900 he had declined the offer at $1,000, which had been destroyed thereby. Thus It becomes apparent that the wff-r j.i tist be unequivocally accept ed if a contract Is to result. Tlu ac ceptance must also be uncondltlon tl If an agreement Is to result thit will bld the person making lhc offer. If Baiton had replied that he would ac cept Fox's offer, provided that Fox would build a new line ferce, the 'lgal effect would have been exact ly similar. James Engle was a grain denier iind wired to Albert Smith. "Off-r two thousand bushels corn at thirty." The message was delivered the s.ime day, the fifth. It was over twenty four haurs before Smith dispatched his telegram accepting the offer. In the meantime the market had ju.nped and Engle refused to ship the grain. Smith claimed .a binding contract, but the court supported Engle, ruling that tli? offer had lapsed because of Smith's failure to accept within a reasonable time. Thus we notice another rule of this branch of contracts, which Is that offers will lapse If not accepted with in a reasonable time. What is a rea sonable timf depends upon th? cir cumstances of the case. A few hours may be a reasonable time If the nego tiations are being carried on by tele graph and the subject matt -r is a commodity whose price is fluctuating rapidly. Several days may be allowed if the trails are used and no fluctu ation is Involved. The situation might be such that a matter of weeks w.uld be a reasonable delay. On? who has made a nHiple offor may alwiv withdraw 't at any time before it iieg been accepted. This is what John Wagner endeavored to do. Ha wrote U Maloney, offering to sM to rhlm one hundred burro'.s of salt atJfl.OO. The letter reached Maloney en 'May 2. Maloney wrote accepting the offer on AKy 8. On May 2 Wag ner had maPed a letter withdrawing the offer: out In was bound by tho 'contract, which had become complete. This Was se bee- ise the aeeftptoNee -was mailed' befou-the withdrawal of tlm offer wa received. Thus we nr rlve at -the gist of "When Is a con- traet?" Who ooeptnee -epera-tes and HHsWHKnMsm tho- ngroomont becomes oomplete nt the moment when tho accoptnnce is dispatched. This is truo in all cases whore tho acceptance Is dispatced by the agency which tho person making the offer used to transmit it, and thus made his agent for tho purpose of the formation of tha contract. But a withdrawal of an offer does not operate until it has been dellverod, and so Maloney, having mailed his acceptance before tho withdrawal was received, the contract become com plete. Silence cannot be made to give con sent In the formation of a contractual agreement. Ebson wroto to Watson, "I will sell you my horse for 100, and if I do not hear from you to the contrary I will understand that you war.t-hsr." Kven though Watson re ceived the letter and made no reply, tebson could not hold him, as no agreement had been completed. But If groceries, or milk, or any goods are delivered at your home under such circumstances that you understand that they are not samples but are of fered for sale by n merchant, and you reeclvo and utilize them, tho courts are likely to hold that you have ac cepted an Implied offer for the sale of the goods, and are bound to pay a reasonable amount for vnat you have used. To create n contract, an offer must be Intended to cereat? and .ipable of creating legal relations. If WlHle Smith ottered to take Winnie Jones to the theatre, and she accepted, no contract would result. Such are social, not legal relations. Walter Mc Quillan bought a horse for $100, and agreed to pay $25 more "If the hors was lucky for him." Such conditions are too uncertain and too impossible of ascertainment to be the subject of contnet. While an offer must be accepted by a definite person, It need not bo made to any single person. It may be imd by notice or advertisement. ff von adertlse that you will pty $5.o0 to the person who returns your dog Kruno to you, the man who reds your offer, searches out Bruno i nd returns him, has accepted your offer and completed a contract that binds you to pay him $15.00. But a mere statement of general intention, or solicitation of general business, as an advertisement or notice that you are to open a grocery store In the Post Office 1.1:. fil will then soil but ter, fresh eggs, etc., Is not such an offer that It may be accepted by any "one iO form a contractual agreement. Other formalities may be required to make an offer and acceptance a legally enforceable contract In some cases as a writing In contracts with reference to real estate but the agreement Is the first and most Im portant step, and the time of accept ance fixes the important question as to when the contract was closed. (Copyright, 1018, by Walter K. Towers. ) Only a word, dear! The dim shadows fall On the yew trees and boskage that shrine the old hall; The river runs plalningly under the stars, And frets 'gainst Its boulders, like life 'gainst its bars; The pale moon steat up from the hill's wooded crest, Only a word, dar, to bid me to rest. La Tosndor cigar. Learn to say ft and to ask fo it. (Adv.) 7 '3iir j"1"- SISltVK YOUlt GUISSTS With Our AMERICAN BEAUTY BEER Or Our . "OLD GERMAN LAGER" BEER Two Famous Products that Touch tho Spot. Phone Hyland J J for a case SALT LAKE BREWING CO. 5TII SO. and 10TII EAST. JOURNEY". By Edna St. Vincent Millny. Ah, could I lay me down In this long grasit ' . And close my eyes, and let the quiet wind Blow over me I am ho tired, so tired of passing pleasant places! All my life. Following t'are along thj dusty road. Hae I looked back at loveliness i-nd sighed; Yet at my hand an unrelenting hand Tugged eer, and I passed. All my life long Over mv shoulder h.ive I looked at peace; And now 1 fain would He in this long graT And el os my eyes. Yet onward! Cat-birds call Thro the long afternoon, and creeks at dusk Are guttural. Whip-poor-wills wake and cry, Drawing the twilight close about their throats; Only my heart makes answer. Eager vlnea Go up the rocks and wait, flushed ap pletrees Pause In th?lr dance and break the ring for me, Dim, shady wood-roads, redolent of fern And bayberry, that thro' sweet bevies thread Of round-faced roses, pink and petu lant, Look back and beckon ore they disap pear. Only my henrt, only my heart re sponds. Yet, ah, my path is sweet on either side All thro' the dragging day sharp un derfoot, And hot, and like dead mist the dry dust hangs But far, O far as passionate eye can i reach, And long, ah, long as rapturous eye can cling, The world Is mine: blue hill, still sil ver lake, Broad field, bright flower, and the long, white road. A gateloss garden, nnd an open path: My feet to follow, and my heart to hold.