nless they are instituted by a party to a suit already pending before it, and to try the same right that is in issue there.' In 1898, in Fitts i d McGhee, 172 U.S. 516, 19 Sup.Ct. 269, 43 L. . 535, the subject was before the court again, a suit having been brought to restrain the Governor of Alabama

e, where the offeror specifies the manner of acceptance, no contract is formed if the specification is not followed. See Nw Props. Agency, Inc., v. McGhee, 1 Wn. App. 305, 462 P.2d 249, 253 (1969); Corbit v. J. I. Case Co., 70 Wn.2d 522, 424 P.2d 290, 299 (Wash. For internal use only SDNY_GM_00056920