Supreme Court of North Carolina
326 N.E.2d 11 (1985)
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
Holding and Reasoning (Frye, 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 201,000 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.