Lonergan v. Scolnick
Court of Appeal of California
276 P.2d 8 (1954)
Scolnick (defendant) placed an ad in the newspaper offering property for sale. Lonergran (plaintiff) inquired for further details, and Scolnick wrote Lonergran a letter describing the property, giving directions, and asking for a price. Scolnick wrote Lonergran a letter stating that he was not sure he had found the property, asking for a legal description, asking about certain physical characteristics, and suggesting a bank as an escrow agent should he decide to purchase. On April 8 Scolnick wrote a letter confirming that Lonergran had found the property and approved the bank as an escrow agent, but explaining that Lonergran had to act fast because Scolnick had another interested buyer. Scolnick sold the property to a third party on April 12. Lonergran received the April 8 letter on April 14 and wrote to Scolnick stating that he would proceed to deposit the asking price in escrow. When he learned the property had been sold, Lonergran filed suit, and judgment was granted to Scolnick on the basis that no contract had been formed. Lonergran appealed.
Rule of Law
Holding and Reasoning (Barnard, P.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.