Lonergan v. Scolnick

Lonergan v. Scolnick
California District Court of Appeal
129 Cal. App. 2d 179, 276 P.2d 8 (1954)

Facts: The defendant put up an ad to sell his land. Plaintiff replied, and they exchanged correspondence about the land, including a discussion of which bank to us for escrow (plaintiff suggested one and the defendant agreed- D also said that if P was really interested, he should hurry). D then sold land to a third party. Plaintiff says they broke contract, Defendant says there was never a contract.

Procedure: Trial court found for the defendant, saying that the plaintiff did not respond promptly which was a condition of the offer. Thus, the defendant did not enter into a contract. Plaintiff appealed.

Issue: Did the defendant enter into a contract? Was it an offer?

Holding: No

Reasoning: The defendant had never made an offer in the first place.