Question
On June 3, 2020, Mark sent Scott a signed letter offering to sell his commercial building (a former Circle K) for $350,000. On June 5,
On June 3, 2020, Mark sent Scott a signed letter offering to sell his commercial building (a former Circle K) for $350,000. On June 5, Scott responded to Mark by letter indicating that the price was too high and mailed it. The next day (June 6), Scott began searching for commercial property (former convenience stores) on the internet and saw that similar buildings were selling for $450,000. Scott immediately emailed Mark accepting Mark's June 3 offer at the $350,000 price. Meanwhile, Mark received Scott's letter on June 7. Mark refuses to perform, arguing that Scott's letter rejecting the offer was effective on dispatch (mailbox rule) making Scott's later acceptance ineffective.
Required: Who wins and why? Is Mark correct? Explain.
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