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Contracts Keyed to Ayres
J.W. Southworth v. Joseph Oliver
Citation:
587 P.2d 994, 284 Or. 361 (1978)Facts
In 1976, defendants Joseph and Arlene Oliver decided to sell some of their Bear Valley ranch property. Joseph Oliver approached plaintiff Southworth, who owned adjacent land, to discuss the potential sale. During their initial meeting on May 20, 1976, they discussed the land to be sold, with Oliver showing Southworth a map of the property. Oliver indicated he would determine the value and price, while Southworth would arrange financing. On June 13, Southworth called Oliver to confirm his plans to sell were still in effect, and Oliver confirmed they were. On June 17, 1976, defendants sent Southworth a letter stating they were “Selling approximately 2933 Acres in Grant County” at a price of $324,419, with terms of “29% down — balance over 5 years at 8% interest.” The letter also mentioned selling Forest Service grazing permits separately. Southworth promptly responded on June 21 with a letter stating: “Re the land in Bear Valley near Seneca, Oregon, that you have offered to sell; I accept your offer.” On June 24, defendants sent another letter claiming their previous communication was “not made as or intended to be a firm offer of sale” but was “for informational purposes only and as a starting point for further negotiation.”
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