Offer

An offer is nothing until it is communicated to the party to whom it is made.

A proposal to doa thing. A proposal to make a contract. Also an attemps. ——S

1. A proposition to do a thing.' May be convertible with " attempt," '" q. v.; but "offering" does not mean the same as " promising" a reward to a voter. 'i An offer of a bargain by one person to another imposes no obligation upon the former until it is accepted by the latter according to the terms in which the offer was made. Any qualification of, or departure from, those terms invalidates the offer, unless agreed to by the person who made it. Until the terms of the agreement have received the assent of both parties the negotiation is open and imposes no obligation upon either party. '^ An offer to sell, subject to acceptance, binds the party offering, but not the other party until acceptance. And so, also, as to an optional purchase, based upon a sufficient consideration. 's An offer to do a thing, as, to insure property, made by mail, binds the person making the offer, according 1 Hannum v. Kingsley, 107 Mass. 361 (1871). 2 Davis V. State, 38 Ohio St. 606 (1882). ' See 1 Paine, 336; 21 Barb. 475. * Spelled also offence. O. F. offence, offense: L, offensa: 'of-fendere, to dash against. ' Moore v. Illinois, 14 How. 19 (1858). 'People V. Police Commissioners, 39 Hun, 510 (1886). See also 1 Oreg. 193; 3 Tex. 314; 18 Gratt. 965. ' [Wharton's Law Diet. ' 8 State V. Cantieny, 84 Minn. 9 (1886). ' People V. Ah Took, 62 Cal. 494 (1881). ^" Commonwealth u Harris, 1 Pa. Leg. Gaz. R. 457 (1871). 'I State V. Barker, 4 Harring. 561 (1846). I'Eliason v. Henshaw, 4 Wheat. 838 (1819), Washington, J. See also Tilley v. Coimty of Cook, 103 U. S. 161 (1880), cases; 12 Mo. Ap. 884. to the terms tendered, it an answer is transmitted in due course of mail accepting the terms, unless a withdrawal reaches the addressee before his letter announcing acceptance has been transmitted.' The contract is deemed complete the moment the letter assenting to the latest proposition is mailed. ^ The offer may be of such a nature that the person mailing it has a right to expect an answer by return mail.' A proposal to accept, or an acceptance, upon terms varying from those offered, is a rejection of the offer, and puts an end to the negotiation, unless the party who made the original offer renews it, or assents to the modifications suggested. The other party, having once rejected the offer, cannot afterward revive it by tendering an acceptance of it. If the offer does not limit the time for its acceptance, it must be accepted within a reasonable time. If it does, it may, at any time within the limit and so long as it remains open, be accepted or rejected by the party to whom, or be withdrawn by the party by whom, it was made.* See Assent; Compromise; Tender, 3. 2. A proposal made to the court by counsel, at the trial of a cause, to put in as evidence testimony then about to be adduced. The court may require such "offer ''to be reduced to writing, stating clearly what it is proposed to prove, and the purpose thereof; and then either admit or reject the offer.

Imports a voluntary proposal. Biggs u. Denniston, 3 Johns. Cos. 198. There is a distinction between " offering " and " promising " a reward to a voter. State V. Harker, 4 Harr. 559. " Offer " and " attempt " are convertible terms. Commonwealth v. Harris, 1 Pa. L. Gaz. 455.