Question
Second National Bank & Trust is the owner of several parcels of property that it acquired as a result of foreclosure sales. One of those
Second National Bank & Trust is the owner of several parcels of property that it acquired as a result of foreclosure sales. One of those parcels, 945 Greenbriar Street in O'Fallon MO, had occasionally been listed for sale, but no contract had ever been signed for Second National Bank to sell it. Penny Purchaser had inquired of Second National Bank & Trust several times regarding the Greenbriar property to no avail. She was very interested in purchasing it for the operation of a day care.
On December 23, 2021, Penny Purchaser received an email from Arlo Attorney, a lawyer representing Second National Bank & Trust. Arlo had been tasked with divesting the bank of some of its holdings and obtained Penny's information for the broker who had previously listed the property for sale. Arlo's email on December 23, 2021 stated that Second National Bank & Trust would offer the Greenbriar property to Penny at a purchase price of $240,000.
After receiving the letter, Penny instructed her attorney, Cory Counselor, to send Arlo Attorney an email with a counteroffer of $230,000. Cory sent the written counteroffer as instructed on January 10 by emailing it to Arlo Attorney. On the same day, Cory Counselor telephoned Arlo and informed him of the counteroffer.
Subsequently, Penny Purchaser changed her mind, and instructed Cory Counselor to accept the original officer. Cory then sent an acceptance of the original offer for $240,000 to Arlo Attorney by email. Arlo and Second National Bank & Trust refused to sell the property to Penny Purchaser. Penny then brought an action against Second National Bank & Trust to seek enforcement of the alleged contract. Decision?
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