Ever-Tite Roofing Corporation v. Green

83 So. 2d 449 · Louisiana Court of Appeal · 1955

Facts

Defendants signed a roofing contract with plaintiff, which stipulated acceptance by written approval or commencing performance. Plaintiff conducted a credit check, which caused a delay, then loaded trucks with materials and traveled to defendants' residence to begin work. Upon arrival, defendants refused plaintiff's workers, stating they had hired another company two days prior.

Procedural history

The trial court sustained the defendants' defense, rejecting the plaintiff's demands and dismissing its suit. From this judgment, the plaintiff appealed.

Issue

Did the plaintiff accept the contract within a reasonable time by commencing performance, despite not providing written acceptance, before the defendants revoked their offer?

Holding

Yes, the court held that the plaintiff accepted the contract by commencing performance within a reasonable time, and the defendants breached the contract by refusing the work.

Rule

When an offer does not specify a time for acceptance, it must be accepted within a reasonable time. Commencement of performance, as specified in the contract, can constitute acceptance, and an offer cannot be revoked once performance has begun.

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Case brief last reviewed 2026-04-18. Prepared by CaseReader from the published opinion.