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Normile v. Miller

Supreme Court of North Carolina
326 N.E.2d 11 (1985)


Facts

Miller (defendant) owned property that she listed for sale. Normile (plaintiff) was shown the property by Byer, a real estate broker. Byer assisted Normile in making an offer on the property. The offer indicated that it would expire at a specified time. Miller returned the original offer form to Normile, having made several changes thereon, all of which were initialed by her. One change regarded the payment of the purchase price. The specified time for expiration of the original offer was not changed. Normile believed that this counteroffer constituted an option contract. He decided to wait and consider the counteroffer, rather than respond to it immediately. Miller then sold the property to another purchaser. Byer informed Normile that the property had been sold. Normile, later that same day, attempted to accept the offer. Miller refused to acknowledge the contract. Normile filed suit seeking specific performance of the contract. Normile filed a motion for summary judgment. The trial denied the motion. Normile appealed. The Court of Appeals affirmed the trial court’s actions. Normile appealed to the Supreme Court of North Carolina.

Rule of Law

Issue

Holding and Reasoning (Frye, J.)

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