Plaintiff mailed to defendant's agent a written offer to purchase a piece of property. A check was mailed with the offer which was to be the initial payment for the land, if the offer was accepted. In the lower corner of the check was noted, "to be cashed when contract is signed." Defendant's agent acknowledged the check and affirmed the stipulation. He instructed his stenographer not to deposit the check, but she did so, inadvertently. Plaintiff received notice of the check's deposit before the agent attempted to return the credit. Plaintiff brought an action for specific performance. Held, that this was a valid contract even though acceptance was made by mistake. Hotz v. Equitable Life Assurance Society of the United States, (Iowa, 1937) 276 N. W. 413.
Michigan Law Review,
CONTRACTS - ACCEPTANCE BY MISTAKE,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol36/iss6/12