Pride v. Lewis

179 S.W.3d 375 (2005)

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Nature of the Case

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Facts

D made an offer to purchase P's house for $ 55,000, with earnest money in the amount of $1500. This offer was rejected by Ps because it required owner finance. D then presented a second contract that specified conventional bank financing would be used. Upon signing the contract, Ps informed their tenant that she would have to vacate the house by June 1, 2003. The contract provided by D had a closing date of May 15, 2003. Ps changed this date, by hand, to June 1, 2003. This change was not initialed by Ds. P went to closing and D never showed. P sent D a letter notifying him of his default and their electing not to take the $1500 earnest money as damages. P re-listed the house with a realtor. The house sold in June 2004 for $40,000. Ps sued Ds for breach of contract. They sought damages for the difference between the $55,000 contract price with D and the $40,000 for which the house actually sold, for the lost rent the year they were unable to find another tenant, and for attorney's fees, as provided in the contract. The trial court entered judgment in favor of Ps and awarded them $20,900 in damages. Ds appealed. D argues that the trial court's finding that a contract had been entered into was against the weight of the evidence - when Ps changed the closing date, they made a counteroffer for the sale of the real estate and he nor his wife signed or initialed the change in closing date and thus never accepted the counteroffer and thus there was no contract.