Caldwell v. Cline
Supreme Court of Appeals of West Virginia
156 S.E. 55 (1930)
In a letter dated January 29, 1929, W.D. Cline (defendant) offered to give W.H. Caldwell (plaintiff) $6,000.00 and a deed to his land on the Indian creek in exchange for Caldwell’s farmland. The letter stated that Caldwell had eight days to accept or reject the offer. Caldwell received the letter on February 2, 1929. On February 8, 1929, Caldwell wired his acceptance of the offer to Cline. Cline received the acceptance on February 9, 1929. Cline refused to perform under the contract and Caldwell brought suit for specific performance. Cline moved to dismiss the suit and the lower court granted his motion.
Rule of Law
Holding and Reasoning (Lively, J.)
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