Smith v. Boy

553 A.2d 131 (1989)

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Nature of the Case

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Facts

D decided to sell their house. They listed the home for $325,000 with a real estate broker, Joan Carter. They received a written offer to purchase their home, but the sale was never completed. P viewed the house accompanied by their realtor, Gerald Connors. Carter called D and told them that P was interested in purchasing the house and certain items of personalty for $325,000. The items of personalty were the refrigerator, stove, washer, dryer, dining room draperies, and bedroom curtains. P and D negotiated over these items through their respective brokers. The parties agreed on a possible closing date of April 25, 1988. Carter filled out a standard purchase-and-sales-agreement form. She filled in the blanks with the items of personalty and the closing date, and P signed the form. The Durigans had visited the home with their realtor, Sullivan. The Durigans decided that they would like to purchase the house. They did not request to purchase any personalty. Sullivan made up a purchase-and-sales-agreement form. She filled out the blanks in the form and filled in April 25, 1988, as the date of closing. The Durigans signed the form. Carter delivered the two purchase-and-sales-agreement forms to D simultaneously. She told them that they could accept either or reject both. D accepted the Durigan offer, and reject P's. D signed the Durigans' purchase-and-sales-agreement form. P then commenced an action seeking specific performance of their alleged oral contract to purchase D's home. The trial court found for P and Ds appealed.