Virginia Circuit Court
63 Va. Cir. 409 (2003)
Trinity Homes, L.L.C. (Trinity) and Seabring Development, L.L.C. (Seabring) (plaintiffs) attempted to enter into a contract with Chin Seng Fang and Carol Fang (defendants) for the purchase of real estate. Damon Stewart was the agent for Trinity and Seabring. Stewart allegedly attempted to accept the Fangs’ offer to sell the real estate by faxing the acceptance to the Fangs’ agent, T.H. Nicholson. The fax machine that was used does not provide a confirmation that a fax had been sent. Shortly after the fax was allegedly transmitted, Nicholson called Stewart and attempted to withdraw the offer. Trinity and Seabring filed suit against the Fangs, claiming that their acceptance was valid.
Rule of Law
Holding and Reasoning (Jacobson, J.)
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