Refusal is Lethal in contracts


Oh, hell no you won’t. You fucked that up….

Refuse = Dishonor Black’s 3rd , 1933
OFFER, ‘V. To bring to or before ; to present for acceptance or rejection; to hold out or proffer; to make a proposal to; to exhibit something that may be taken or received or not. Morrison v. Springer, 15 Iowa, 346 ; Vincent v. Woodland Oil Co., 165 Pa.02,.’ 30 A. 991 ; People V. Ah Fook, 62 Cal. 494. The word “offer,” as used in. a statute providing that the buyer, to rescind a sale, must offer within’ a reasonable time to return the goods, is synonymous with the word “tender.” Collins v. Skillings, 224 Mass. 275, 112 N. E. 938, 939, Ann. Cas. 1918D, 424.
ACCEPTANCE. The taking and receiving of anything in good part. and as it were a tacit agreement to a preceding act, which might have ,been defeated or avoided if such acceptance had not been made. Brooke, Abr. The act of a person to whom a thing is offered or tendered by another. whereby he receives the thing with the intention of retaining it, such intention [being evidenced by a sufficient act. Bouvier’s A Dictionary Of Law, Vol II, Pg 421
Refuse In some cases, a neglect to perform a duty which the party is required by law or his agreement to do will amount to a refusal.
Black’s 3rd 1933 REFUSAL. The act of one who has, by law, a right and power of having or doing something of advantage, and declines it. Also, the declination of a request or demand, or the omission to comply with ‘ some requirement of law, as the result of a positive intention to disobey. In the latter sense, the word is often coupled with “neglect,” as if a party shall “neglect or refuse” to pay a tax, file an official bond, obey an order of court, etc. But “neglect” signifies a mere omission of a duty, which may happen through. inattention, dilatoriness, mistake, ‘ or inability to perform, while “refusal” implies the positive denial of an application or command, or at least a ‘mental determination not to’ comply.
Webster’s 1928 ESTOP’PEL, n. In law, a stop; a plea in bar, grounded on a man’s own act or deed, which estops or precludes him from averring any thing to the contrary.

ESTOP’, v.t. In law, to impede or bar, by one’s own act.

A man shall always be estopped by his own deed, or not permitted to aver or prove any thing in contradiction to what he has once solemnly avowed.


  http://1913.mshaffer.com/d/search/_words.word,dishonor

  • To refuse or decline to accept or pay; — said of a bill, check, note, or draft which is due or presented; as, to dishonor a bill exchange.”
  • dishonor, vb. 1. To refuse to accept or pay (a negotiable instrument) when presented. See NOTICE OF DISHONOR; WRONGFUL DISHONOR.

http://1828.mshaffer.com/d/word/dishonor “To treat with indignity.” http://1828.mshaffer.com/d/word/indignity “any action towards another which manifests contempt for him; contumely; incivility or injury, accompanied with insult” Webster’s 1828 Agreement Union of opinions or sentiments; as, a good agreement subsists among the members of the council. Union of minds in regard to a transfer of interest; bargain; compact; contract; stipulation. Webster’s 1828 Contract 1. An agreement or covenant between two or more persons, in which each party binds himself to do or forbear some act, and each acquires a right to what the other promises; a mutual promise upon lawful consideration or promise upon lawful consideration or cause, which binds the parties to a performance; a bargain; a compact. Contracts are executory or executed. Webster’s 1828 Bind To oblige by a promise, vow, stipulation, covenant, law, duty or any other moral tie; to engage. Webster’s 1828 Oblige To constrain by legal force; to bind in law.

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