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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 | ||
|facts=Scolnick put an ad in the paper offering to sell a plot of land. Lonergan responded to the ad, and a series of letters between the two regarding the property and the sale thereof took place. On April 8, the Defendant wrote to the Plaintiff and said that he better hurry and make an offer, because he was expecting to sell the land shortly. He then sold the land to someone else on April 12. A couple of days later, the Plaintiff wrote to the Defendant and offered to buy the land. | |facts=Scolnick put an ad in the paper offering to sell a plot of land. Lonergan responded to the ad, and a series of letters between the two regarding the property and the sale thereof took place. On April 8, the Defendant wrote to the Plaintiff and said that he better hurry and make an offer, because he was expecting to sell the land shortly. He then sold the land to someone else on April 12. A couple of days later, the Plaintiff wrote to the Defendant and offered to buy the land. | ||
|procedural_history=Trial court found for the defendant. | |procedural_history=Trial court found for the defendant. | ||
| Line 22: | Line 12: | ||
|reasons=* Judging from the Defendant's language, he intended to sell the land to the first-comer. The ad in the paper was only a request for an offer. | |reasons=* Judging from the Defendant'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). | * 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 | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://law.justia.com/cases/california/court-of-appeal/2d/129/179.html | |link=https://law.justia.com/cases/california/court-of-appeal/2d/129/179.html | ||
|case_text_source=Justia | |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_parts={{Court opinion part | |Court_opinion_parts={{Court opinion part | ||
Revision as of 15:54, December 1, 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 put an ad in the paper offering to sell a plot of land. Lonergan responded to the ad, and a series of letters between the two regarding the property and the sale thereof took place. On April 8, the Defendant wrote to the Plaintiff and said that he better hurry and make an offer, because he was expecting to sell the land shortly. He then sold the land to someone else on April 12. A couple of days later, the Plaintiff wrote to the Defendant and offered to buy the land.
Procedural History
Trial court found for the defendant.
Issues
Was there a contract?
Arguments
Plaintiff said that a contract already existed.
Holding
No contract had been formed.
Judgment
Affirmed.
Reasons
- Judging from the Defendant'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).
