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Hendricks v. Behee

Missouri Court of Appeals, Southern District
786 S.W.2d 610 (1990)


Facts

On March 2, 1987, Behee (defendant) offered to purchase real estate from Artice and Pearl Smith (defendants). Behee submitted the offer to the Smiths’ real estate agent. The agent mailed the written offer to the Smiths on March 3rd. On March 4th, the Smiths signed and accepted the offer. This acceptance was not communicated to Behee at this time. Before the Smiths communicated their acceptance to Behee, Behee contacted the Smiths’ real estate agent and withdrew the offer. This prompted a dispute between Behee and the Smiths over whether a binding contract existed. Hendricks (plaintiff) was the escrowee of $5,000 which was paid by Behee when he made his original offer to the Smiths. After the dispute between Behee and the Smiths, Hendricks filed an interpleader action against Behee and the Smiths in Missouri state court. Behee filed a cross-claim against the Smiths. The trial court awarded Hendricks $997.50 to be paid out of Behee’s $5,000 deposit. The trial court awarded the remaining $4,002.50 to Behee. The Smiths appealed.

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Issue

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Holding and Reasoning (Flanigan, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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