Chapter 8 CASE PROBLEM

Jones v Avery

On March 27, plaintiff wrote to defendant, asking if he would sell specific property. On April 30, defendant wrote to plaintiff stating that, among other things, if he should conclude to sell it would want to sell the entire property. On May 5, plaintiff wrote defendant saying he would be pleased to buy the entire property and asking for the best price for it. On May 14, the defendant replied stating his price was $100 per acre and to inform him if he wanted it at that price. On May 22, plaintiff offered $65 an acre. On June 1, defendant replied saying the price was too low. On June 9, plaintiff wrote saying the price was too high and that he would make one more offer which amounted to slightly over $80 per acre and the defendant should telegram him at once if he accepted this offer. This letter was received by the defendant on June 15. Defendant made no reply. On June 18, plaintiff sent a telegram that he accepted the offer to buy the property at $100 per acre. On June 19, the defendant wrote the plaintiff confirming that he had telegrammed his acceptance and was sending appropriate paperwork. On June 26, the defendant wrote the plaintiff returning the unsigned paperwork. Plaintiff sued for specific performance of the purchase contract. Was there an offer? Was there acceptance? Why or why not?