Gregory and Appel, Inc. v. Duck

459 N.E.2d 46 (1984)

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Gregory and Appel, Inc. v. Duck

Indiana Court of Appeals
459 N.E.2d 46 (1984)

Facts

Gregory and Appel (plaintiffs) entered into negotiations to purchase property from Donald Duck and his family (defendants). Duck sent Gregory and Appel a letter outlining the terms of a proposed agreement. Gregory and Appel then sent Duck a proposed contract titled “contract for purchase of real estate offer to purchase real estate.” Gregory and Appel sent Duck $10,000 in earnest money to purchase the property, but Duck did not agree to the terms of the sale that Gregory and Appel proposed and returned the money. The proposed contract was materially different from the original proposal made by Duck. Gregory and Appel then brought suit against Duck, seeking a declaratory judgment that a contract for sale existed between the parties. The trial court determined that no contract existed and ruled in favor of Duck. Gregory and Appel appealed.

Rule of Law

Issue

Holding and Reasoning (Sullivan, J.)

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