United States District Court for the Western District of Tennessee
2008 WL 2485607
Michael Freeman and Cindy Hazen (collectively, the sellers) (defendants) listed their home for sale on an online auction site. Peter Gleason, Uri Geller, and Lisbeth Silvanderson (collectively, the purchasers) (plaintiffs) formed a partnership in order to purchase the home. The auction site’s terms specifically indicated that real estate listings were advertisements, not legally binding offers. However, the sellers’ listing contained verbiage indicating that the listing was a binding contract. The purchasers contacted the sellers’ agent, and the agent clarified that the listing was not a binding contract and that the verbiage was included to deter frivolous bids. The auction site’s terms did not indicate that they could be amended by information contained within the listing. The purchasers entered the winning bid, and sellers’ attorney sent the purchasers a proposed contract. The purchasers filled in their deposit amount, crossed out a term of the contract, and returned the contract to the sellers. The sellers then sold the property to another party. The purchasers sued the sellers for breach of contract, fraud, and negligent misrepresentation. The purchasers and the sellers moved for summary judgment as to the breach of contract claim.
Rule of Law
Holding and Reasoning (McCalla, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 202,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.