- 19 - 1995, by telephone, Garofalo made certain minor changes to those proposed settlement figures, which changes were confirmed by the November 6 letter. The November 6 letter was faxed to and received by Gilson during the morning on November 6, 1995. We base that finding principally on Garofalo’s testimony that he believed that the November 6 letter was faxed to Gilson at 11:30 a.m., on November 6, 1995, and Gilson’s testimony that he recollects reviewing the November 6 letter on November 6, 1995. Moreover, the November 6 response refers to Garofalo’s “revised offer of this morning, November 6, 1995.” We are convinced that the proposed settlement figures conveyed to Gilson by way of the November 3 letter and modified somewhat on November 6, 1995, by way of the November 6 letter constitute the definite and material terms of an offer to settle the docketed cases, and we so find. Dorchester and Frank Wheaton argue that the November 6 response, faxed by Gilson to Garofalo at 3:30 p.m., was too late and, thus, no agreement was reached. We do not agree. First, Gilson accepted the Government’s proposals during his telephone conversation with Garofalo during the morning of November 6, 1995. The November 3 letter, however, called for a written acceptance. The November 6 letter extended the time for the written acceptance to 1:00 p.m. By telephone during the morning of November 6, 1995, Garofalo extended the 1:00 p.m., deadline contained in the November 6 letter. It is hornbook law that, if an acceptance fails to comply with a time requirement in anPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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