Quimbee logo
DMCA.com Protection Status
From our private database of 17,600+ case briefs...

Wucherpfennig v. Dooley

North Dakota Supreme Court
351 N.W.2d 443 (1984)


Fred and Harriet Wucherpfennig devised the family farm to their three children in undivided interests, with the largest going to their son, Donald Wucherpfennig (plaintiff). During probate of the estate, Donald’s sister Elizabeth Dooley (defendant) sent the probate attorney a letter stating, “Now if Don wants to buy my share of the real estate, I will sell it to him for $200 an acre, provided it is a cash deal [and] handled promptly.” The attorney wrote back stating “Donald has made arrangements with the Federal Land Bank to secure funds to purchase your interest in the estate farmland and we are therefore ready to proceed with this transaction. Please let me know the exact dollar amount that you expect to receive for your interest in the land. I must know also if you are willing to sign the agreement relating to Special Use Valuation. Please let me hear from you regarding these matters.” But instead of responding with a dollar amount, Elizabeth sent a letter revoking her offer. Donald sued for specific performance or partition, arguing that the probate attorney’s letter constituted acceptance of Elizabeth’s offer, creating a contract to purchase Elizabeth’s share at $200 an acre. Donald claimed that the acceptance letter did not contain a final number because at $200 per acre it would have been $37,200—an amount he was sure Elizabeth would not accept. The trial court found no valid acceptance of Elizabeth’s offer creating a contract and dismissed the claim for specific performance. Donald appealed.

Rule of Law


Holding and Reasoning (Sand, J.)

What to do next…

  1. 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 458,000 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.

  2. 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 458,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,600 briefs, keyed to 984 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial