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Kempner v. Cohn

Supreme Court of Arkansas
1 S.W. 869 (1886)


Facts

Cohn (plaintiff) wrote to Kempner (defendant), asking about Kempner’s desired terms for selling a piece of real estate. Kempner wrote back on January 30, 1885, stating that he would sell the property for $10,000. Kempner’s January 30 letter was hand delivered to Cohn by a third party on February 2. Cohn replied to Kempner’s January 30 letter in writing, stating that Cohn was having the title to the property reviewed and that if the title was correct, he would agree to the terms of Kempner’s January 30 letter. Cohn’s reply to the January 30 letter was placed in the mail on February 7. Also on February 7, Kempner sent Cohn another letter informing Cohn that Kempner had decided not to sell the property. Cohn sued Kempner for non-performance, arguing that a binding contract arose out of the written correspondence between the parties, under which Kempner was obligated to proceed with the sale. Kempner argued that there was no contract. The jury awarded money damages in favor of Cohn. Kempner appealed.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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