Kempner v. Cohn

1 S.W. 869 (1886)

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Nature of the Case

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Facts

P lived in Little Rock. D lived at Hot Springs. The two cities are about sixty miles apart, and there is communication by mail twice a day. On the 28th of January P wrote D inquiring his terms. On January 30, 1885, D wrote back that the price was $10,000 with $5,000 cash and a note for $5,000 with ten percent interest. 'If that is satisfactory, send the deed....' The letter was hand-delivered by D's uncle on February 2. On February 5th P told the uncle he would take the property. On February 7, P replied by sending the deed for D to sign and that he was having the title look at and if all was correct, he will comply with the terms of the January 30th, letter. P put the letter into a mailbox before P had received any notice that the offer was withdrawn. It was postmarked February 7, 9 p.m. D got it on February 9th. D was informed by the uncle that P was making his arrangements to buy the property. On February 7th, D wrote to P stating he had changed his mind and declined to sell. P sued D for breach of contract. D argued that there was no contract. P got the judgment, and D appealed.