Beall v. Beall

434 A.2d 1015 (Md. 1981)

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Nature of the Case

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Facts

Calvin and Cecelia Beall were husband and wife, and they purchased property as tenants by the entirety. In February 1968, Carlton Beall got a three-year written option to purchase Calvin’s and Cecelia’s parcel for $28,000. The option recited consideration of $100, which was paid by check to Calvin. A new option was executed in 1971 for five years at the same terms as the first and recited consideration of $100. Carlton never exercised either option. In 1975, four lines were added to the bottom of the 1971 agreement, which purported to extend it another three years and both Calvin and Cecelia signed this amendment. Calvin died in 1977. In May of 1978, Carlton advised Cecelia that he was accepting the offer to sell and would settle title in 30 days. Cecelia responded that she was unwilling to sell for $28,000. Calvin wrote again, and Cecelia refused again. Cecelia contends that the 1975 extension was not a binding contract but merely an offer, which could be revoked at any time prior to acceptance. Carlton argues that even if it were a bare offer, he had accepted before it was withdrawn.