Keller v. Bones

This is an action for specific performance of a real estate purchase agreement brought by Dean Keller (the buyer) against Calvin R. Bones and Audrey J. Bones (the sellers). The district court for Lincoln County, Nebraska, granted the sellers’ motion for summary judgment, finding that no contract existed between the parties due to the sellers’ failure to communicate their acceptance within the time prescribed in the buyer’s offer. The Nebraska Court of Appeals affirmed. On further review, we conclude that a binding contract was formed by the parties and, therefore, reverse.

BACKGROUND

The…