Contracts

Brief

Owen v. Tunison

Procedural History:

• Judgment for Defendant

Facts:

• Plaintiff alleges that Defendant agreed in writing to sell him the Bradley block and lot situated in Bucksport.
• Defendant allegedly later refused to sell the land.
• Plaintiff claims to have always been willing to pay the price and as a result of not having the contract perfected has suffered a loss.

The Letters:

• October 23, 1929 Plaintiff wrote a letter to defendant.
  • Plaintiff is asking for Defendant to sell the store property for $6,000.
• The Plaintiff is making an offer to purchase the land for $6,000.
• November 12^th, 1929 plaintiff receives reply from Defendant.
  • Due to improvements it would not be possible to sell it unless he was to receive $16,000 cash.
• The defendant is denying the offer to purchase the land and stating a price at which he believes his land is worth.
• The defendant is merely hoping to open negotiations with the Plaintiff at this point for the sale of the land. There is no formal offer, just a quote.
• Plaintiff immediately sends a return letter to Defendant December 5^th:
  • Accept your offer under terms of $16,000.
• The Plaintiff believes the price given in the former letter of $16,000 was actually an offer and interpreted it as that and thus responded with an acceptance.
• There was however no offer being made, just merely a quote.
• 4 days later the plaintiff is informed the defendant no longer wished to sell.
• Sued for breach of contract.

Issue:

• Was there an offer and acceptance in terms of the land?

Holding:

• No. Judgment for the Defendant.

Reasoning:

• The defendant here is not shown to have written to plaintiff an offer to sell.
• There was no meeting of the minds of the owner and prospective purchaser unless there was an offer or proposed sale.
• Defendant’s letter on December 5^th may have been written with the intention to open negotiations.