Morrison v. Thoelke
District Court of Appeal of
155 So.2d 889.
Facts: The plaintiffs own some property in
Issue: When does a mailed acceptance become effective?
Rule: The “mailbox rule” says that an acceptance is effective as soon as the acceptance is deposited in the mail.
Analysis: The court goes into a long and involved history of the mailbox rule. The court cites three factors that went into the creation of the rule in the case of Adams v. Lindsell:
1. It is efficient to establish a “bright line”, hard-edged rule for the sake of efficiency. This is satisfied by making acceptance effective at the time the envelope goes into the mailbox.
2. The court wanted to limit the ruling of Cooke v. Oxley without overruling it. The new rule would allow offers to be revoked any time before acceptance except in this case of mailing acceptance.
3. In terms of doctrine, a mailed offer is considered an offer that remains continuously open while it’s in the mail.
Conclusion: The trial court is reversed and the court rules in favor of the defendants.