Allied Steel & Conveyors, Inc. v. Ford Motor Co.

United States Court of Appeals, Sixth Circuit, 1960.

277 F.2d 907.

Dawson, pp. 369-371

 

Facts: Ford bought some machinery from Allied in 1955 to be installed by Fordís employees.Then Ford offered to buy more machinery in 1956 to be installed by Alliedís employees.Along with the offer was an indemnification form that said Allied must take responsibility for negligence committed by Fordís workers as well as its own.Allied started installing the machinery before they sent back the acceptance of the offer.One of Alliedís employees was injured as a result of the negligence of one of Fordís employees.Then Allied sent back their written acceptance of the offer.That employee sued Ford, and Ford brought in Allied as a third-party defendant.At trial, the employee prevailed against Ford, but Ford prevailed against Allied in the same amount.Allied appealed.

 

Issue: Was the indemnity form enforceable against Allied even though they hadnít sent back written acceptance of it?

 

Rule: If a certain manner of acceptance wasnít prescribed, but merely suggested, other methods of acceptance may meet up with an offer to make a contract.

 

Analysis: The court finds that Allied accepted the contract in full by performing it.It doesnít matter that they didnít use the method of accepting the contract that was included in the contract, because the court interprets it to be just a suggested method of acceptance.It would have been different if the contract had stipulated that a written response was the only acceptable way of accepting the offer.

 

Conclusion: The judgment of the trial court is affirmed.

 

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