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Lonergan v. Scolnick: Difference between revisions
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{{Infobox Case Brief | {{Infobox Case Brief | ||
|court=Court of Appeal | |court=California Court of Appeal | ||
|citation=276 P.2d 8 | |citation=276 P.2d 8 | ||
|date=November 23, 1954 | |date=November 23, 1954 | ||
|subject=Contracts | |subject=Contracts | ||
|other_subjects=Property | |||
|facts=*"Scolnick" = defendant = owner of a 40-acre plot of land = seller | |||
*"Lonergan" = potential buyer | |||
*In March 1952, Scolnick put an ad in the paper offering to sell a plot of land. The ad didn't list a price. | |||
*Lonergan responded to the ad, and a series of letters between the two regarding the property and the sale thereof took place. | |||
*Scolnick told Lonergan that his minimum price was $2,500. | |||
*On April 8th 1952, the Defendant (Scolnick) wrote to the Plaintiff and said that he better hurry and make an offer, because he was expecting to sell the land shortly. | |||
*Scolnick then sold the land to someone else on April 12. | |||
*A couple of days later, the Lonergan wrote to the Scolnick & offered to buy the land. | |||
{{Timeline|Scolnick writes to Lonergan|April 8th 1952|April 12th 1952|Scolnick sells the land to someone else for $2,500|Lonergan agrees to buy the land at $2,500|April 15th 1952|April 17th 1952|Lonergan opens an escrow account}} | |||
|procedural_history=Trial court found for the defendant. | |||
|issues=Was there a contract? | |||
|arguments=Plaintiff said that a contract already existed. | |||
|holding=The April 8th 1952 letter of Scolnick didn't constitute an offer. | |||
Judge Barnard: Contract formation requires a meeting of the minds upon mutually agreeable terms. | |||
No contract had been formed. | |||
|judgment=Affirmed. | |||
|reasons=*Judging from the Scolnick's language, he intended to sell the land to the first-comer. The ad in the paper was only a request for an offer. | |||
*The lack of specificity in the ad and the "over subscription problem" (elevated interest for a newly available offering causes demand to outstrip supply). | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |||
|link=https://law.justia.com/cases/california/court-of-appeal/2d/129/179.html | |||
|case_text_source=Justia | |||
}}{{Infobox Case Brief/Case Text Link | |||
|link=https://www.quimbee.com/cases/lonergan-v-scolnick | |||
|source_type=Video summary | |||
|case_text_source=Quimbee | |||
}} | |||
|case_videos={{Infobox Case Brief/Case Video | |||
|service=YouTube | |||
|id=J6N6UA1OdlQ | |||
}} | }} | ||
{{Court opinion part | |Court_opinion_parts={{Court opinion part | ||
|opinion_type=majority | |opinion_type=majority | ||
|written_by=Charles R. Barnard | |written_by=Charles R. Barnard | ||
|joined_by=Griffin* Mussell | |joined_by=Griffin* Mussell | ||
}} | }} | ||
}} | |||
Latest revision as of 04:18, December 16, 2023
Lonergan v. Scolnick | |
Court | California Court of Appeal |
---|---|
Citation | 276 P.2d 8 |
Date decided | November 23, 1954 |
Case Opinions | |
majority | written by Charles R. Barnard joined by Griffin, Mussell |
Facts
- "Scolnick" = defendant = owner of a 40-acre plot of land = seller
- "Lonergan" = potential buyer
- In March 1952, Scolnick put an ad in the paper offering to sell a plot of land. The ad didn't list a price.
- Lonergan responded to the ad, and a series of letters between the two regarding the property and the sale thereof took place.
- Scolnick told Lonergan that his minimum price was $2,500.
- On April 8th 1952, the Defendant (Scolnick) wrote to the Plaintiff and said that he better hurry and make an offer, because he was expecting to sell the land shortly.
- Scolnick then sold the land to someone else on April 12.
- A couple of days later, the Lonergan wrote to the Scolnick & offered to buy the land.
April 8th 1952
Scolnick writes to Lonergan
April 12th 1952
Scolnick sells the land to someone else for $2,500
April 15th 1952
Lonergan agrees to buy the land at $2,500
April 17th 1952
Lonergan opens an escrow account
Procedural History
Trial court found for the defendant.
Issues
Was there a contract?
Arguments
Plaintiff said that a contract already existed.
Holding
The April 8th 1952 letter of Scolnick didn't constitute an offer.
Judge Barnard: Contract formation requires a meeting of the minds upon mutually agreeable terms.
No contract had been formed.Judgment
Affirmed.
Reasons
- Judging from the Scolnick's language, he intended to sell the land to the first-comer. The ad in the paper was only a request for an offer.
- The lack of specificity in the ad and the "over subscription problem" (elevated interest for a newly available offering causes demand to outstrip supply).