Benya v. Stevens and Thompson Paper Co.

Facts

In September 1979, Defendant entered into an exclusive listing agreement with a Vermont real estate brokerage partnership for the sale of 5,243 acres of timberland. During this time, a Massachusetts corporation engaged in the sale and management of real estate in Vermont and elsewhere communicated with Plaintiff about Defendant’s land. Then at Plaintiff’s request, the Massachusetts corporation prepared a purchase and sales agreement for the purchase of land. The agreement was executed and sent to Defendant. Defendant made a number of additions and modifications, and then Defendant’s vice-president initialed each change and signed the document. Plaintiff disagrees with the proposed amount of deposit and wanted clarification on some of the other modifications. The Massachusettes corporation, after speaking with Defendant, prepared a new purchase and sales agreement. Plaintiff executed this agreement in October and received by Defendant in November. But, Defendant never executed the document or responded concerning the terms and sold the land to another prospective purchaser.