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Contracts Keyed to Kuney
Hunt Foods and Industries, Inc. v. Doliner
Facts
Hunt Foods and Industries, Inc. (Hunt Foods) (plaintiff) and Eastern Can Company of which Doliner (defendant) was the majority shareholder, gone into negotiations for Hunt Foods to buy Eastern Can. Only the cost of the procurement was settled upon, and the parties took a break from negotiations because of disagreements regarding alternate terms. Hunt Foods was worried that Doliner would utilize their offer to request a higher purchasing cost from a third-party and demanded an option buy Doliner's stock. Hunt paid $1,000 for the option. Doliner contended that he comprehended that the option was unconditional only if he requested an outside offer, yet Hunt denied such a condition existed. When negotiations resumed and the parties failed to achieve an understanding, Hunt practiced the alternative, and Doliner declined to deliver the stock. Doliner appealed a grant of the summary judgment ordering specific performance of the option.
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