DeSantis v. Podbelski

The plaintiff and the three defendants have held a parcel of land in Ware as tenants in common since the death of their mother and the later death of a fifth sibling. In 1975 they agreed that the parcel should be held in the family and decided to sell it to the sibling who would pay the highest price. A procedure for bidding was worked out by one Patrick Martowski, an attorney, who sent to each of the parties a letter outlining the bidding procedure. The four letters, each an original composition, stated the procedure in different language. Three unequivocally required bids to be submitted…