Owen v. Tunison – Case Brief
Owen v. Tunison, 131 Me. 42, 158 A. 926 (Me. 1932).
Facts: Owen (P) wrote to Tunison (D) to inquire whether he would sell his Bradley block and lot for $6,000. Tunison replied that “it would not be possible for me to sell it unless I was to receive $16,000 cash.” Tunison also noted that the building was in first class condition. P wrote to D to accept D’s offer. D claimed that he had not made an offer and refused to sell the property. P sued and the trial court entered judgment for D, holding that D’s letter was merely an invitation to initiate negotiations and not an offer to sell. P appealed.
Issue: Is the mere statement of a minimum selling price an offer to sell real property?
Holding and Rule: No. A mere statement of a minimum selling price is not an offer to sell real property.
The court held that D’s letter merely indicated a minimum price for the property and was an offer to negotiate but not an offer to sell. The language “it would not be possible for me to sell it unless I was to receive $16,000 cash’ was too general and did not constitute an offer. The court held that there can be no contract for the sale of property, no meeting of the minds of the owner and prospective purchaser, unless there has been an offer or proposal of sale.
Disposition: Affirmed.
See also Harvey v. Facey.