James J. White & Co. v. de Tarnowsky ( 1916 )

Mr. Justice Holdom

delivered the opinion of the court.

2. Contracts, § 44^*—what essential 'to make a contract where acceptance varies -from offer. To make a contract a proposition must be unconditionally accepted, and interpolation in the acceptance of any new condition or any departure from the exact terms of the proposition constitutes a new offer, and before the parties are bound such new offer must be unconditionally accepted by the party making the original proposition.