Coin Machine Review (& Pacific ...)

tiations to a formally written instrument or
build it up as a result of offer and accept-
ance in the form of telephone conversa-
tions, letters or wires, the basic essentials
of a contract must be present in order to
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bind the parties_
Under the Statute of Frauds in this state,
an agreement for the sale of goods of $500
or over must be in writing or an action for
IN THE STATE OF CALIFORNIA
its breach cannot be maintained, unless the
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buyer accepts part of the goods or gives
something in partial payment of it_
Obviously, if the negotiations fo r a sale
BOX 560
or purchase are not reduced to a formally
drawn document then the various letters,
telegrams or other written memoranda
must, taken together, spell out an agree-
ment.
ters or telegrams it is held to have been
the party from performil
Often an essential element of a contract
made at the place where the letter is mailed it is better to provide
in the offer or counteroffer and accept-
pressly stipulating it as B
ance is missing but is not detected until it or telegram filed, containing an uncondi-
tional acceptance by one party of the offer
excuse co mplete perform!
becomes necessary to seek the enforcement
of the other, unless the offeror stipulates
A failure to deliver I
of the legal rights and liabilities of the par-
h e must actually receive the acceptance to
does not excuse the sel
ties, because of a breach of failure of per-
. co nstitute an agreement.
the ship on which the
formance by one of them.
If the communications are oral, su ch
ried is torpedoed aml
Consequently, it is not unusual for ex-
as b y long distance telephone, the sarrie
seller cannot obtain rei
perienced forei gn traders to standardize on
principle would require that the con·
goods if such a contin~
a form of agreement which makes provision
vided against in the co
tract should be deemed to have been
for all of the usual contingencies in for-
eign trade and provides for the remedies made in the country where the offer er has the promised p.
of one is accepted b y the other. The
only those causes whic
available- to th e injured party.
place _ where the last act necessary to
gether have agreed
Quite obviously, too, it is not always
complete it was done will determine causes excusing perf()
possible ~o delay the completion of a
the place of contracting.
recognized.
transaction pending the signing of the
In wartime, perhaps more so than during
Ordinarily, time of d.
agreement b y the parties, and much
normal periods, there is likely to arise more
tion is not of the essenc.
foreign trading, is accomplished by ca·
contingencies to prevent full or timely per-
of sale or purchase in for
ble, by correspondence and b y the is·
delays which are not chal
formance of contracts. Since most such
suan ce of formal purchase orders with.
even ts are usually beyond th e control of er can not be made the I
out prior negotiations.
damages for failure to d,
the parties, it is next to imperative that all
Since this discussion is concerned only
of the causes which might arise to prevent
time.
with the legal aspects of these negotiations,
performance and which are beyond the con-
we must necessarily concern ourselves with
Because of the possibi:
trol of the parties be excused or expressly
th e question at all times whether the inten-
herent in foreign trade i
tion of the parties as expressed by the excepted from the co ntract conditions.
advisable to promise fix.
words used by them in their exchan ge of
3. Claims.
As a general rule a party is bound to per-
cables and other writing has spell ed out an
The subject of claims j
form th e promises he has made no matter
enforceable agreement.
what may interfere to prevent full perform- standpoint of demands a
Manifestly the subject of co ntracts of ance. If he wants to escape liability for
(See EXPORTING
purchase a nd sale is too vast to go into any
nonperformance he should provide against
great detail here concerning what language
impossibility of performance, whether it be
used by the parties under such circum- of an act of God, or of war, or even of
stances shows an intent to form a binding
death itself, unless, of course, in this latter
contract.
situa tion the con tract contemplates the per-
But suffi ce it to say that the essen ti ~ 1 ele-
sonal services of one or both of only the
ments of a contract consisting of considera-
parties themselves.
tion, offer and acceptance, competen t par-
FreJIuently governmental rules or legisla-
ties and lawful subject matter will general- tive enactm en ts will abrogate private agree-
ly, in the absence of fraud or mistake form
ments, and while in gene~al this will le-
a binding agreement.
gally prevent performance and discharge
Where th e parties to an agreement of sale
or purchase have not expressed their inten-
Manufacturers of slot ejectors a nd beverage
tion as to which law shall govern their
vendor mechanisms are invited to contact
rights and liabilities, th e court may decide
prospective assemble.- of Bottle Beverage
Vendors.
that th e place of contractin g or the place of
performance con trols. A cont rac t is sup-
BOX 580
posed to be made at some place, and the
place where it becomes complete is the
COIN MACHINE REVIEW
place where it is made.
1115 Venice Blvd •• Los Angeles 15. Cal.
If a con tract is made by exchange of let-
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JUNE
1944
IDfalm~
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