Contracts Keyed to Jimenez
Ardente v. Horan
Facts
In August 1975, William and Katherine Horan (defendants) offered to sell residential property in the city of Newport. Ernst Ardente (plaintiff) offered $250,000 for the property. The Horans' lawyer conveyed that the offer was satisfactory and arranged a buy and deal understanding which he sent to Ardente. Ardente executed the sale agreement, and his lawyer sent it back to the Horans. Ardente likewise included with the understanding a check for $20,000 and a letter inquiring as to whether certain furniture and fixtures were a piece of the exchange and asking for that they stay with the property. The Horans declined to offer the things recorded by Ardente and returned the unsigned purchase and sale agreement with $20,000 deposit to Ardente. The Horans declined to pitch the property to Ardente, and Ardente sued looking for specific performance. The trial court decided that Ardente's letter constituted a conditional acceptance of the Horans’ offer to sell their property and thus must be construed as a counteroffer. The Horans never acknowledged the counteroffer and subsequently no agreement was framed, so the trial judge allowed the Horans' movement for outline judgment because no truths were in question and no agreement had been shaped as an issue of law. Ardente appealed.
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