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On March 1, 1962, the Clay ProductsCompany wrote Potteroffering to supply up to five million bricks...

On March 1, 1962, the Clay ProductsCompany wrote Potteroffering to supply up to five million bricks at the rate of $28 per thousand, and expressly agreeing to keep the offer open until May 1.  On April 1 the Clay Products Company wrote Potter withdrawing their offer and he received this letter on April 2.  On April 3 Potter wrote the Clay Products Company stating that he accepted their offer and rejecting their attempt to withdraw the offer, since they had given Potter two months in which to accept.  When called upon to deliver the bricks, Clay Products Company refused to do so and Potter sued. Does Potter have a claim?

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Thought the company has given time for Potter to accept the offer till May 1, they have the right to withdraw their offer till the offer has been accepted and a contract has been signed. Since Potter did not give the consent till April 3 and the company withdrew the offer before that , Potter cannot have the claim . As long as the reason is not any discriminatory one, the company is free to withdraw it .

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