Maynard v. Tabor
Supreme Judicial Court of Maine
ON AGREED STATEMENT. The defendant, a resident of Ohio, was the owner of a tract of timber land situated in Yassalboro’, in Kennebec county, which plaintiff, a resident of Maine, desired to purchase, and, on the 25th day of September, 1864, addressed defendant a letter requesting his lowest cash price for said lot, as he was desirous of purchasing the same.
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ON AGREED STATEMENT. The defendant, a resident of Ohio, was the owner of a tract of timber land situated in Yassalboro’, in Kennebec county, which plaintiff, a resident of Maine, desired to purchase, and, on the 25th day of September, 1864, addressed defendant a letter requesting his lowest cash price for said lot, as he was desirous of purchasing the same. On the 2d of October the defendant addressed to plaintiff a letter that he was not then ready to give his lowest terms, but bad employed his agent, I. C. Gifford, and one Hiram Pishon, to examine it and make an estimate of the growth, and…
1Opinion of the CourtWalton, J.
This is an action of assumpsit to recover damages for an alleged breach of contract. The plaintiff says that the defendant agreed to sell him a certain lot of land for $3000, and then refused to fulfil his agreement.
The case shows that the plaintiff wrote to the defendant inquiring the price of the land, and that the defendant answered that his price was $3000 cash. If such an answer can be fairly construed into a proposition to sell the land for that price, it was a proposition which could be accepted only by an actual tender of the price. An offer to sell for cash can never be accepted so…
2Cited by4 opinions
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- Whitaker-Glessner Co. v. ClarkWest Virginia Supreme Court · 1925