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Contracts Keyed to Kuney
Kempner v. Cohn
Citation:
47 Ark. 519, 1 S.W. 869 (1886).Facts
Kempner offered to sell a lot on Main Street in Little Rock, Ark. to Cohn. On January 28, 1885, Cohn wrote to Kempner asking what his terms were for the sale. Kempner responded in a letter dated January 30 offering to sell the lot for $10,000 ($5,000 cash and a $5,000 note with 10% interest). Kempner sent the letter in the care of his uncle, A. Kempner, and Cohn did not receive the letter until February 2. On February 5, Cohn informed A. Kempner he would take the property and requested him to inform Kempner of such. Cohn immediately set to work procuring an abstract of the property’s title, hiring attorneys, and parting with certain investments to raise money for the cash payment. Cohn also wrote a letter dated February 7 asking for Kempner to return the deed and other papers connected to the property and advising that he was agreeable to Kempner’s terms if the property’s title came back satisfactory. Cohn placed the letter in a government letter-box and it was post marked “LITTLE ROCK, February 7th, 9 P.M.” The letter reached Kempner on February 9, however, on February 7 Kempner had also written a letter retracting his offer and declining to sell the property.
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