131 Minn. 141 | Minn. | 1915
Defendant owned real estate in Detroit, Minnesota. In February and March, 1914, her home was at Calgary, Alberta, but she was temporarily in Pasadena, California. While she was there, A. C. Knudson, cashier of the Merchants National Bank of Detroit, opened correspondence with her looking toward the sale of her property. The material parts of this correspondence are as follows:
On February 25 Knudson wired: “Party will pay fifteen thousand * * * seven thousand cash. Mortgage back for balance.”
February 26 defendant wired: “Best offer I can accept is fifteen thousand five hundred, seven thousand cash. Mortgage back for balance.”
After further correspondence defendant wired on March 3: “Fifteen thousand, two hundred and fifty net to me * * * is the lowest price I will accept, terms as previously arranged.”
March 4 Knudson wired: “Your price of fifteen thousand two hundred fifty * * * accepted, ■ am sending you draft for one hundred dollars today. Send deed in blank to Merchants National Bank for col
Later, on the same day, defendant withdrew her offer and broke off negotiations. Plaintiff, the purchaser on whose behalf the offer to buy was made, claiming that this correspondence constituted a contract, sued for specific performance.
Judgment affirmed.