Question
Jesse sees a notice of a garden tractor for sale on the grocery store bulletin board. She recognizes the poster as her neighbor, George. She
Jesse sees a notice of a garden tractor for sale on the grocery store bulletin board. She recognizes the poster as her neighbor, George. She knows George keeps excellent care of his tools and equipment, and she needs a garden tractor to put in an expanded vegetable garden this year. Leaving the store, she calls George to see if the tractor is still for sale. She doesn't get an answer, so she sends George a text that she wants to buy the tractor and is on her way to his house. When Jesse arrives at George's house, she finds him standing in front of his garage shaking hands with Glenda, another neighbor.
"George! I'm so glad to catch you! I want to buy your garden tractor! I already sent you a text!" Jesse calls out.
George answers, "Jesse, sorry. I appreciate that, but I've just sold it to Glenda."
Jesse: "You can't do that! I sent you a text! How much is she paying you?"
Glenda: "Never mind how much! I've bought it! That's all you need to know, Jesse!"
George: "Jesse, sorry, I didn't see your text. I've been busy talking with Glenda about the tractor."
Jesse: "George, whatever she's paying you, I'll pay you $200.00 more!"
George: "Well, that sounds pretty good. OK Jesse, SOLD! to you for $1,200.00, Sorry Glenda."
Glenda: "Noooo! We already had a deal, George!"
Who has a right to the tractor on these facts? Does George have a contract with Glenda? With Jesse? Apply the elements of a contract and analyze George's actions as to breach. Does Glenda have any remedies if he sells the tractor to Jesse? Does Jesse if he sells it to Glenda? Suppose he ultimately decides not to sell it to either of them?
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