Contracts Keyed to Knapp
Lonergan v. Scolnick
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Defendant placed an ad in a newspaper indicating that he wished to sell some property. In response to an inquiry from Plaintiff, Defendant sent Plaintiff a form letter describing the property, giving directions to the property, and indicated the lowest price he would accept for the property. Plaintiff wrote Defendant to request a legal description of the property and to suggest an escrow agent “should I desire to purchase the land.” Defendant wrote Plaintiff back including a legal description, approval of the escrow agent, and warning Plaintiff that he expected to have a buyer soon. Defendant sold the land to a third party. After the land had been sold, Plaintiff received Defendant’s last letter. Plaintiff wrote Defendant indicating that he would soon open escrow and requested the deed “in conformity with your offer.” Plaintiff brought the present cause of action to compel specific performance or, alternatively, to recover damages.
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