Contracts Keyed to Murphy
Bretz v. Portland General Electric Co
Plaintiff contacted Defendant, expressing interest in buying the stocks of Defendant’s subsidiary, Bear Tooth Coal Company. Plaintiff wrote Defendant a letter with the offer, terms and conditions, and an elaborate acceptance procedure for the Defendant. Defendant returned the letter with changes to some of the terms and conditions. Defendant wrote Plaintiff a letter, saying the offer, 2,000,000.00 for the stocks was inadequate and asked if Plaintiff would consider paying 2,750,000.00 for the stocks, and inviting Plaintiff to “resubmit” his offer. Plaintiff wrote Defendant a letter, signed by Plaintiff, captioned “Acceptance of Offer”. Plaintiff entered into a contract with a third party to sell coal from Bear Tooth. Defendant decided not to go through with the deal. Plaintiff sued Defendant on the basis of breach of contract, and alternatively on the grounds of equitable estoppel.
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