Merritt Land Corp. v. Marcello

7 Citing cases

  1. Friedrich v. S. Cnty. Hosp. Healthcare Sys.

    C.A. No. 14-353 S (D.R.I. Jan. 5, 2017)

    Once an offer is made the offeror has the "right . . . to terminate [their] offer by withdrawing it at any time before acceptance." Merritt Land Corp. v. Marcello, 291 A.2d 263, 266 (R.I. 1972). The offeror may withdraw an offer in various ways, including by "manifest[ing] . . . an intention not to enter into the proposed contract."

  2. Jotorok Group v. Computer Ent.

    No. PC01-3237 (R.I. Super. Nov. 4, 2005)   Cited 3 times

    Once an offer is made, however, the offeror has the "right . . . to terminate his offer by withdrawing it at any time before acceptance." Merritt Land Corp. v. Marcello, 110 R.I. 166, 172, 291 A.2d 263, 267 (1972). Once the offeror withdraws its offer, the offeree has nothing to accept; its subsequent attempt to accept the withdrawn offer is thus a nullity.

  3. Bina v. Providence College

    39 F.3d 21 (1st Cir. 1994)   Cited 18 times
    Applying Rhode Island law

    In any event, the College terminated its offer by the August 3 letter, well before Dr. Bina's purported acceptance. See Merritt Land Corp. v. Marcello, 110 R.I. 166, 171-72, 291 A.2d 263, 266 (1972). We therefore conclude that the district court did not err in finding that no contract was formed between Dr. Bina and the College.

  4. Nat. Educ. ASS'N-R.I. v. Ret. Bd.

    890 F. Supp. 1143 (D.R.I. 1995)   Cited 40 times
    Holding that a determination of the reasonableness of the defendants' actions based upon the economic crisis involving the Retirement System was premature on a motion to dismiss

    As a matter of contract law, since the revocation occurred after plaintiffs' acceptance of the offer, the revocation was not effective as to plaintiffs. See Merritt Land Corp. v. Marcello, 110 R.I. 166, 291 A.2d 263 (1972). Finally, the agreement between the State and the plaintiffs is supported by consideration. Contracts implied in fact require consideration as express contracts do.

  5. Bina v. Providence College

    844 F. Supp. 77 (D.R.I. 1994)   Cited 4 times
    In Bina v. Providence College, 844 F. Supp. 77 (D.R.I.), aff'd, 39 F.3d 21 (1st Cir. 1994), cert. denied, 514 U.S. 1038, 115 S.Ct. 1406, 131 L.Ed.2d 292 (1995), plaintiff had brought employment discrimination claims under both ยง 42-112-2 and Title VII.

    On these facts, the defendants argue the basic proposition that an offer may be withdrawn prior to its acceptance. Merritt Land Corp. v. Marcello, 110 R.I. 166, 171-172, 291 A.2d 263 (1972); and that it is inconsistent for the plaintiff to claim the benefits of the September 2, 1988 and May 25, 1989 contracts for adjunct faculty membership and still assert entitlement to membership to the Ordinary Faculty as of those dates. He cannot have it both ways.

  6. McVay v. Laucks

    C.A. No. PB-2013-5636 (R.I. Super. Mar. 2, 2015)

    The Defendant, after assenting to the Release Agreement, could have revoked her assent to the agreement at any time prior to learning of the Plaintiff's assent. See Merritt Land Corp. v. Marcello, 110 R.I. 166, 171-72, 291 A.2d 263, 266-67 (1972). However, upon the Plaintiff's execution of the Release Agreement, and it being communicated to the Defendant, the Defendant's power to revoke assent was extinguished.See id.

  7. N. Kingstown Hous. Auth. v. R.P. Iannuccillo Sons, 86-2218 (1991)

    C.A. No. 86-2218 (R.I. Super. Jul. 8, 1991)

    Therefore, defendant's bid did not lapse. Assuming arguendo that defendant's bid did not lapse upon the expiration of the forty-five (45) days subsequent to the opening of the bids, defendant's bid remained effective. It has long been established that an offerer may withdraw its offer any time before acceptance. Merritt Land Corporation v. Marcello, 110 R.I. 166, 171-172, 291 A.2d 263, 266 (R.I. 1972). If withdrawn prior to acceptance, such offer becomes a "complete nullity and utterly void." Id. at 267.