Lee v. O'Brien

On February 16, 1969, Letitia N. Lee passed away, terminating her rights as beneficiary in a farm conveyed in trust to her by her mother in 1914. Mercantile-Safe Deposit & Trust Company, the trustee, had the duty to appraise the property and offer it for sale. Lee’s four surviving children, Hannah Sharp, Laura O’Brien (defendant), Neville Worthington, and Dawson Lee (plaintiff), were conveyed undivided one-fourth shares of the property as tenants in common. The children entered into an agreement that appointed Hannah as the agent for the children, with authority to determine price and terms of sale and convey the property. Laura was named as successor agent should Hannah pass away. In December 1971, Hannah passed away, and Laura became the agent. In June 1972, Eben Perkins, counsel for Laura and for Hanna’s estate, sent a contract to Dawson’s counsel regarding the sale of the property to Urban Systems Development Corporation (USDC) for $550,000. Dawson was asked whether the USDC price was acceptable. On July 13, Dawson’s attorney responded that the USDC offer was not acceptable and that Dawson would not make a counteroffer. On August 15, Perkins presented Dawson with a revised USDC offer; however, this offer had the same purchase price. On August 24, Dawson’s counsel rejected the offer. On August 25, Perkins sent a third agreement to Dawson with the same purchase prince, executed by Laura individually and as agent for Dawson. On August 28, Dawson’s counsel notified Perkins that the third agreement was not binding on Dawson. Dawson filed suit against Laura. The trial court entered summary judgment in favor of Laura, finding that the 1969 agreement between the children was binding on Dawson. Dawson appealed.