Dorchester Industries Incorporated, et al. - Page 20

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          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 the            





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