Precision Concepts Corp v. General Employment and Triad Personnel Services

1312 Words Apr 11th, 2012 6 Pages
Cases

Precision Concepts Corp v. General Employment &Triad Personnel Services
-The facts: General employment contacted precision regarding a job opening and sent a potential employee, Tavery Tan, for an interview. Precision hired her but refused to pay GE for procuring the employee. Precision filed a complaint that there was no contract and the court rendered judgment to GE on a counterclaim. Precision appealed.
-The Issue: were all the elements of a contract present to make the contract enforceable?
-The decision: affirmed in favor or GE
-The Reasoning: the face that the appellant did not like the fee indicated does not preclude the finding of a binding contract. Appellant intended to negotiate, but never did so. Appellant
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-the decision: affirmed
-the reasoning: the letter agreement left the point of delivery up to future negotiation and was not specific to all essential terms. The letter was unenforceable agreement to agree and there was no contract.

Cushing v. Thomson
-the facts: an anti-nuclear protest group sent an application to seek permission to rent a room. The Alliance hoped to use the room for a dance. The Adjutant general mailed a contract offer to the Alliance, agreeing to rent on specific terms. The offer required a signed acceptance. The day that Cushing received it he signed it and put it in the office’s outbox. The next day Cushing received a call stating that the offer was being withdrawn, and although Cushing said he had already accepted the general stated that it was withdrawn. They brought suit against Governor Thomson. The court ruled that a contract had been formed and Thomson appealed.
-the issue: did a binding contract exist?
-the decision- affirmed
-the reasoning: the completed contract was mailed before the attempted revocation was received. There was evidence to support it and a binding contract must stand.

Hamer v. Sidway
-the facts: Story Sr. promised to pay Story II $5000 if he would not drink, use tobacco, swear, etc until he was 21. He did it, and when he turned 21 he called his uncle who replied he would get it to him as soon as possible. The uncle died before he paid him and the estate admin, Sidway, refused to pay him. Hamer (who had

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