Wednesday, December 25, 2013

Morrison v. Thoelke case brief

Morrison v. Thoelke case brief summary
155 So.2d 889 (Fla. Dist. App. 1963)

CASE SYNOPSIS
Appellants sought review of a final decree for appellees from the lower court (Florida) in an action to quiet title and to enjoin appellants from making any claim under a recorded contract for the sale of real property.

CASE FACTS
Appellant purchasers executed a contract for the sale and purchase of real property and mailed the contract to appellees who were in another state. Appellees executed the contract and placed it in the mail addressed to appellants' attorney. After the mailing, but prior to its receipt, appellees called appellants' attorney to cancel and repudiate the execution and contract. Nonetheless, appellants recorded the contract upon receipt. Appellees sued to quiet title, specifically requesting that appellants be enjoined from making any claim under a recorded contract for sale of the realty. The lower court entered a summary decree for appellees. Appellants argued the lower court erred in determining the contract void.

DISCUSSION

  • The appellate court reversed the decree and remanded the cause for further proceedings. 
  • The court held the contract was complete and binding when the letter of acceptance was mailed, thus barring repudiation prior to delivery to the offeror.
CONCLUSION
Court reversed the summary decree and remanded the cause for further proceedings where the acceptance of a contract for the sale of real property was effective at the time when the letter of acceptance was deposited in the mail and not when the letter of acceptance was received.

Suggested law school study materials

Shop Amazon for the best prices on Law School Course Materials.

No comments:

Post a Comment

Search Thousands of Case Briefs and Articles.