Waverly Construction Co. v. Gold Investment Co.

Plaintiff seeks recovery of earnest money paid during negotiations for the purchase of real estate by plaintiff from defendants. Defendants appeal from a trial court judgment that found that no binding contract existed between the parties and that plaintiff was entitled to the return of its earnest money deposit. The threshold question is whether the parties had a meeting of the minds with respect to the date of performance of the contract.1

On August 2, 1980, plaintiff offered to buy 39 lots from defendants for $290,000. The offer was made on a form titled “Sale Agreement and Receipt for…