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Contracts Keyed to Ayres
Joseph Lonergan v. Albert Scolnick
Citation:
129 Cal.App.2d 179.ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
The Plaintiff (Lonergan) and the Defendant (Scolnick) were in the process of negotiations for a plot of land, initially listed for sale on March 26 in an advertisement. After some prior communications regarding the identification of the land to be sold as well as arranging for an escrow agent, on April 8, the Defendant sent a letter to the Plaintiff stating that “If you are really interested, you will have to decide fast, as I expect to have a buyer in the next week or so.” On April 12, the Defendant sold the land to someone else. On April 15, a day after receiving the April 8 letter, the Plaintiff wrote to the Defendant confirming that he would purchase the land and beginning the escrow process. The Plaintiff discovered that the land had been sold to another and sued to enforce the promise that he believed he accepted on April 15.
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Topic Resources
Topic Outline
Formation of Contracts