Roth v. Malson

Opinion

SIMS, Acting P. J.

In an action seeking specific performance of an alleged contract for the sale of real property, the would-be buyer, plaintiff John Roth, appeals from summary judgment entered in favor of the property owner, defendant George E. Malson.

Plaintiff buyer made a written offer to buy real property. Defendant seller made a written counteroffer on a standard form adopted by the California Association of Realtors. The form had a signature line, entitled “Acceptance,” whereby plaintiff could accept the counteroffer. Instead of signing the “Acceptance” portion of the form,…