Hsu v. Abbara, 9 Cal, 4th 863, 39 Cal. Rptr 2d 824 (1995) On June 5, 1987, the Abbaras listed their home for sale at $299,900 with Roy Rhino of Merrill Lynch Realty. The Hsus made an offer to purchase the home for $285,000 through their agent Ben Lin on June 8, 1987. The purchase agreement contained a provision for attorneys fees: In any action between Broker, BUYER or SELLER arising out of this agreement, the prevailing party shall be entitled to reasonable attorneys fees and costs. On June 9, the Abbaras made a counter offer on a standard purchase agreement for $297,000, set to expire at 5 p.m. on June 10, and this counter offer incorporated the terms of the original offer. The Hsus viewed the property a second time and on the bottom of the counter offer wrote All terms are accepted except price to be $292,000 and this counter offer is good until 11 a.m. on June 10. On the evening of June 9, Lin spoke with Rhino to see if the Abbaras would take a price under $297,000. Rhino said to present a new written offer. Lin called again to say that the Hsus were firm at $292,000. On June 10, Abbaras told Rhino no on $292,000 and to go back to $299,900. The afternoon of June 10, Rhino received the Abbaras counter offer ($297,000) with the All terms are accepted except price to be $292,000 lined out. In its place was handwritten offer terms are accepted. Rhino called the Abbaras to report that Hsus agreed on $297,000. Abbaras said anything less than full price was not acceptable. Rhino was unsuccessful in finding another house for the Abbaras, who then decided not to sell. Rhino prepared escrow instructions, which Hsus signed but Abbaras did not. On June 22, Hsus sued the Abbaras for specific performance. Was there a contract? Explain why or why not