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Lonergan v. Scolnick

Court of Appeal of California
276 P.2d 8 (1954)


Lonergan v. Scolnick

Facts

Scolnick (defendant) placed an ad in the newspaper offering property for sale. Lonergan (plaintiff) inquired for further details. Scolnick wrote Lonergan a letter describing the property, giving directions, and asking for a price. Lonergan wrote Scolnick back, 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 Lonergan had found the property and approved the bank as an escrow agent, but explaining that Lonergan had to act fast because Scolnick had another interested buyer. Scolnick sold the property to a third party on April 12. On April 14, after Scolnick had already sold the property, Lonergan received Scolnick’s April 8 letter. Lonergan wrote to Scolnick, stating that he would proceed to deposit the asking price in escrow. When he learned that the property had been sold, Lonergan filed suit. Judgment was granted to Scolnick on the basis that no contract had been formed. Lonergan appealed.

Rule of Law

Issue

Holding and Reasoning (Barnard, P.J.)

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