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Contracts Keyed to Ayres
DF Activities Corp. v. Dorothea F. Brown
Citation:
851 F .2d 920.Facts
Plaintiff wanted to add a chair that defendant owned to its art collection. A representative of plaintiff negotiated with defendant to buy the chair. Plaintiff contends that defendant agreed in a phone conversation to sell the chair to plaintiff for $60,000 payable in two equal installments. Shortly afterwards, plaintiff wrote defendant a letter confirming the agreement and followed up with a check of $30,000. Two weeks later, defendant returned the letter and the check stating that since she had not heard from the plaintiff for two weeks before they had sent the check she had made other arrangements for the chair. Later, defendant sold the chair for $198,000. Plaintiff brought this suit for the difference in between the price that the chair was sold and the contract price of $60,000. Defendant moved to dismiss this case and attached to the motion to dismiss was the defendant’s affidavit that she had never agreed to sell the chair to the defendant or its representative. This motion was also accompanied by a letter from the defendant to the plaintiff withdrawing the plaintiff’s offer to buy the chair and a letter from plaintiff to defendant withdrawing an offer to sell the chair.
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