Hoover Motor Exp. Co. v. Clements Paper Co.
Tennessee Supreme Court
241 S.W.2d 851 (1951)
- Written by Sean Carroll, JD
Facts
On November 19, 1949, Hoover Motor Express Co. (Hoover) (defendant) offered in writing to buy certain real estate from Clements Paper Co. (Clements) (plaintiff). On January 13, 1950, Williams, vice president of Clements, called Eph Hoover to discuss the offer. During the conversation, Hoover “refuse[d] to positively commit himself,” stating, “Well, I don’t know if we are ready. We have not decided, we might not want to go through with it.” On January 20, 1950, Clements accepted the November 19 offer. Hoover declined to consummate the sale, and Clements brought suit. The trial court ruled in favor of Clements. The court of appeals affirmed. Hoover appealed.
Rule of Law
Issue
Holding and Reasoning (Tomlinson, J.)
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