Margaret H. Wayne Trust v. Lipsky

Pro Tern., dissenting:

This case should be resolved by an application of basic contract law concerning offers and counteroffers. Mr. Lipsky offered in writing to purchase Mrs. Wayne’s property. This was his third offer, the two previous offers having been rejected by Mrs. Wayne. Lipsky’s third offer to purchase the property was prepared on a printed real estate earnest money agreement form, and contained the express provision that, “Buyer’s offer is made subject to the acceptance of Seller on or before twelve o’clock midnight of October 2,1987.” Mrs. Wayne did not accept the offer by October…