Contracts Keyed to Murphy
Humble Oil & Refining Co. v. Westside Investment Corp
Facts
On May 2, 1963, within the terms of its option contract, the Plaintiff sent a letter to the Defendant, along with payment manifesting its intent to exercise its option to purchase an agreed-upon parcel of land. In its letter, Plaintiff additionally attempted to amend the Contract of Sale to provide that Defendant would extend utility lines to the property, prior to the date of closing. On May 14, 1963, Plaintiff sent another communication emphasizing that their exercise of the option was not qualified by the amendments proposed in their letter of May 2, 1963, and that they still wished to exercise the option. Defendant later refused to honor the option, stating that by making a qualified acceptance, Plaintiff had rejected their offer. The trial court granted Summary Judgment; Plaintiff appealed.
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