John Catron

“ We think the assumption of the complainant thus to construe his acceptance, utterly unwarrantable. The rule laid down by this Court in Eliason vs. Henshaw, 4 Wheat. 228, is, that an offer of a bargain by one person to another, imposes no obligation upon the former, unless it is accepted by the latter, according to the terms in which the offer is made; and that any qualifications of, or departure from the terms, invalidates the offer, unless the same be agreed to by the person who made it. ”

“ Carr was bound to know that the statute of frauds was in force in Florida, and no doubt did know the fact; we take it for granted he did, and that the agreement for the sale of the land must be in writing, signed by the parties to be charged. How then was it possible he could understand the letter of the 16th of January to be a complete and concluded agreement, even had it been simply accepted? He is told, all the heirs reside in the neighbourhood of Montgomery, and in effect that it is the only place where they can meet to close and conclude the bargain. ”

“ There was therefore only one probable way in which the bargain could be closed; that is, by a title bond, or deed, on the part of Stephen W. Harris, his brother and brother-in-law; the married adult sister joining in the deed, should one be made, and a covenant by others, as sureties, that the infant heirs should convey when they came of age. ”