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Contracts Keyed to Marshall
Hendricks v. Behee
Citation:786 S.W.2d 610 (1990)
After Behee, as prospective buyer, and the Smiths, as prospective sellers, had engaged in unproductive negotiations, Behee, on March 2, 1987, made a written offer of $42,500 for the real estate and $250 for a dinner bell and flower pots. On March 3 that offer was mailed to the Smiths, who lived in Mississippi, by their real estate agent. There were two real estate agents involved. On March 4 the Smiths signed the proposed agreement in Mississippi. Before Behee was notified that the Smiths had accepted the offer, Behee withdrew the offer by notifying the real estate agent of the withdrawal. That paramount fact is conceded by this statement in the Smiths’ brief: “On either March 5, 6 or 7, 1987, Behee contacted the Smiths’ real estate agent and advised her that he desired to withdraw his offer to purchase the real estate. Prior to this communication, Behee had received no notice that his offer had been accepted by the Smiths.”R: Notice to the agent, within the scope of the agent’s authority, is notice to the principal, and the agent’s knowledge is binding on the principal.
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