Contracts Keyed to Calamari
Indoe v. Dywer
The Plaintiffs placed their house up for sale in 1977. In February of 1978, the Defendants, Christine Dwyer ("Mrs. Dwyer") and John Dwyer ("Mr. Dwyer") (collectively referred to as the "Defendants") made an oral offer to purchase the Plaintiffs' home. Mr. Dwyer was away on business. Later that day, thinking it was only a "bid", Christine Dwyer signed a "realtor's printed form of contract for the sale and purchase of real estate." Mrs. Dwyer thought that if the Defendants' bid was acceptable to the Plaintiffs, the parties then, with the assistance of counsel, would prepare a purchase contract. The Plaintiffs executed the agreement on the same evening. Mrs. Dwyer learned that despite what she thought, the "wall-to-wall carpeting" in the home was not part of the sale. When she learned this she referred the matter to her attorney and her attorney informed the Plaintiffs and the real estate agent that "as attorney for defendants and in accordance with the provisions of the agreement, he was withholding his approval of the contract, and accordingly defendants would not proceed with the transaction." The withholding of approval also related to certain other problems the Defendants had with the transaction. Those problems did not include the price or financing terms. One provision of the agreement which the Defendants rely upon states: "This contract, except as to price and financing terms (if any), is contingent upon approval by the respective attorneys for purchasers and sellers within three (3) business days of the date hereof. The parties agree that such approval shall be deemed to have been given, and this contingency satisfied or waived, unless an objection or amendment or addition or other express statement witholding (sic) approval is made in writing within said three day period and delivered to the realtor or exchanged between the respective attorneys if they are known to each other."
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