Contracts 8/27 Mutual Assent Lonergan v. Scolnick, CA District Court of Appeal, 1954 Facts : Defendant placed an advertisement in a paper expressing his wish to sell a tract of land for $2,500. Plaintiff inquired and Defendant responded on March 26 with a form letter that contained information about the property. On April 7, Plaintiff wrote Defendant to confirm that he was looking at the right property and asked about a certain bank as escrow agent “Should [he] desire to purchase the land.” On April 8, Defendant responded that the property was correct. He further stated 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, Defendant sold the land to a 3 rd party. Plaintiff received Defendant’s letter of April 8 on April 14. The following day he wrote to say he would proceed with the escrow and that he wanted to buy the land. The Plaintiff is now suing Defendant for the increase in the property’s value from April 15 to April 28 when Defendant refused to
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This note was uploaded on 04/10/2011 for the course LAW 501 taught by Professor Roy during the Fall '08 term at Ole Miss.