Bushmeyer v. McGarry
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Guy Fulk, Judge; The court erred in holding that the correspondence between the parties constituted an offer and an acceptance, creating a binding contract on the part of the plaintiff to purchase, and on the part of the defendant to sell, the property. It amounted to nothing more than proposals and counter proposals, none of which were ever unconditionally accepted by either party. 67 la. 678; 56 Am.
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Appeal from Pulaski Circuit Court; Guy Fulk, Judge; The court erred in holding that the correspondence between the parties constituted an offer and an acceptance, creating a binding contract on the part of the plaintiff to purchase, and on the part of the defendant to sell, the property. It amounted to nothing more than proposals and counter proposals, none of which were ever unconditionally accepted by either party. 67 la. 678; 56 Am. Eep. 371; 63 N. E. 140; 195 111. 384; 21 Wis. 306; 91 Mo. 287; 141 Mo. 213; 27 Pa. Sup. Ct. 366; 66 Kan. 282; 93 N. W. 1072; 132 Mich. 461; 9 Okla. 605; 142…
1Opinion of the CourtMcCulloch, C. J.
This is an action to recover damages resulting from defendant’s refusal to perform a contract which it is alleged he entered into with plaintiff to sell and convey to the latter certain lots in the city of Little Rock. Damages are laid in the amount of the difference between the contract price of the lots and the market value thereof.
The case was tried before the court sitting as a jury, and the plaintiff recovered damages in the sum of $550, found to be the difference between the contract price and the market value of the lots, and the defendant appealed.
Plaintiff resided in Little Rock and…
2Cases cited1 opinion
- Tupy v. KocourekSupreme Court of Arkansas · 1899
3Cited by3 opinions
- Godfrey v. Central State Bank of AbileneCourt of Appeals of Texas · 1928
- Byford v. Gates Bros. Lumber Co.Supreme Court of Arkansas · 1950
- Pulaski Federal Savings & Loan Ass'n v. CarriganSupreme Court of Arkansas · 1967