Tuesday, March 26, 2013

J.W. Southworth v. Joseph Oliver case brief

Southworth v. Oliver case brief summary
587 P.2d 994

Appellant landowners sought review of judgment of specific performance for sale of land in favor of appellee purchaser in the Circuit Court of Grant County (Oregon).

OVERVIEW: Appellant landowners sought review of judgment of specific performance of the sale of their ranch to appellee purchaser, contending a letter mailed by them was not an offer to sell and a proper acceptance sufficient to constitute a binding contract for enforcement purposes was lacking.

The court rejected landowners' argument and affirmed the judgment. The court explained modern law construes both acts and words as having the meaning a reasonable person would attach to them in view of surrounding circumstances and a contract includes not only what parties said, but what is necessarily implied from what they said.

-The court found landowners' letter quoting a price, when considered together with the facts and circumstances, constituted an offer and purchaser's acceptance resulted in a binding contract.
-The court observed landowners sought out adjacent purchaser indicating their interest in selling the land and determining a price.
-The court rejected the argument that the terms were too indefinite, explaining the absence of a security provision was a subordinate detail of performance to be properly made certain by court decree because sufficient expressed intent already existed.

A price quotation or advertisement may contain sufficient indication of willingness to enter a bargain so that the party to whom it is addressed would be justified in believing that his assent would conclude the bargain.

OUTCOME: The court affirmed judgment requiring specific performance of the sale of appellant landowners' ranch to appellee purchaser because a binding contract was created when landowners' letter quoting a purchase price together with surrounding circumstances constituted an offer that purchaser accepted and subordinate details of performance which were not defined were of such a nature to properly be supplied by the court.

Interested in learning how to get the top grades in your law school classes? Want to learn how to study smarter than your competition? Interested in transferring to a high ranked school?


No comments:

Post a Comment

The Evolution of Legal Marketing: From Billboards to Digital Leads

https://www.pexels.com/photo/coworkers-talking-outside-4427818/ Over the last couple of decades, the face of legal marketing has changed a l...