Nature of the Case
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Facts
Morrison (D) and Theolke (P) were negotiating a sale of land. P sent D an offer by mail. D accepted the offer and mailed the acceptance to P's attorney. Before the contract was received by P, D changed his mind and telephoned the attorney, withdrawing his acceptance. Even so, P had the contract recorded. The plaintiff-appellees, owners of certain realty, sued to quiet title, specifically requesting that defendant-appellants be enjoined from making any claim under a recorded contract for the sale of the subject realty. Defendant-appellants counterclaimed, seeking specific performance of the same contract and conveyance of the subject property to them. The lower court, after hearing, entered a summary decree for Ps; the contract had been canceled and repudiated prior to its receipt * * * and that on this basis there was no legal contract binding on the parties D appealed.
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