- 20 - offer, the time requirement may be waived. E.g., 1 Jaeger, Williston on Contracts, sec. 53, at 171 (3d ed. 1957): Not infrequently an offeror who has imposed a limit of time in his offer does not care to insist upon it and by further negotiations may indicate a continued willingness to stand by the terms of his offer. Any such manifestation of continued willingness is in effect a new offer, which may be accepted and if accepted will ripen into a new contract. [Fn. ref. omitted.] We have no doubt that the time requirement contained in the November 6 letter was waived and that the November 6 response was a timely acceptance of an offer made by respondent, and we so find. Indeed, respondent relied on that response in informing the Court that no trial was necessary. The contractual prerequisites of offer and acceptance are present: The November 3 letter, the November 6 letter, the November 6 response, and the surrounding circumstances constitute the objective manifestation of mutual assent to the essential terms of a settlement agreement. The agreement that was reached is the agreement proposed in the November 3 letter, as modified during the morning telephone conversation of November 6, 1995, which is all set forth in the November 6 letter. We believe that the parties entered into a contract to settle the docketed cases, and we so find. D. Repudiation By order dated November 6, 1995, upon information that the parties had reached a basis for settlement, the Court struck thePage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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