-116- Wall Paper & Paint Co., 63 F.2d 701, 702 (3d Cir. 1933) (as offer “contained no time limitation for acceptance, it was incumbent upon the plaintiff to accept within a reasonable time”); Minneapolis & St. Louis R.R. Co. v. Columbus Rolling- Mill Co., 119 U.S. 149, 151 (1886) (“[i]f the offer does not limit the time for its acceptance, it must be accepted within a reasonable time”). I’m not saying that we need to canvass contract law to construe the Code, only suggesting that the observation that Congress used the word “manner” without specifying “time” is not the end of the argument. The context in which the word occurs suggests that imputation of a reasonable time limit is not a departure from the ordinary legal meaning of the word--any more than imputation of a reasonable delivery time in a contract for delivery of specified goods, 1 Restatement, Contracts 2d sec. 33 (1981), or imputation of a reasonable time for closing a conveyance of property, 1 Restatement, Property (Mortgages) 3d sec. 7.2 (1997) would be. And before today, I knew of no place in the Code where a Court has held that “manner” without “time” means “anytime at all.” The reason for imputing some time limits on filing returns or making elections is one of practical necessity. And this is where the majority’s invocation of Anglo-American is so unintentionally radical, because the second problem with itsPage: Previous 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 Next
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