Langel v. Hastings

The final judgment on appeal here found that the buyers in a real estate transaction were entitled to the return of their earnest money deposit. The basis for this ruling was that “no offer and acceptance of a particular agreement expressed or implied was ever accomplished within the requirements of the law.”

After much preliminary skirmishing the parties established a date (which fell on a Friday) and a time for the closing of the sale. At closing the buyers tendered a portion of the closing funds by personal check. Because the closing agent objected to the form of the tender, there was a…