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Southworth v. Oliver

(1978)

Oregon Supreme Court - 587 P.2d 994

tl;dr:

Information sheet on potential land sale was an offer in the context of prior negotiation and in light of its definiteness.

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Facts & HoldingSouthworth v. Oliver case brief facts & holding

Facts:Defendant Oliver asked Plaintiff Southworth if he was interested in...

Holding:An enforceable contract was formed and the trial court's judgment...

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Southworth v. Oliver | Case Brief DeepDive
Majority opinion, author: TONGUE, J.
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The defendants are appealing a specific performance decree in favor of the plaintiff, who seeks a declaratory judgment that the defendants are obligated to sell 2,933 acres of ranch lands. The defendants argue that the alleged agreement to sell the lands was not a binding contract, and even if it was, it violated the statute of frauds. The court affirmed the decree of specific performance in favor of the plaintiff. The lower court did not err in affirming the decree of specific performance. The court found that the defendant's conduct and words in their letter constituted an offer to sell their property. The lack of specificity in the defendant's letter regarding the sale of permits negates it as an offer and constitutes only a preliminary negotiation.

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Southworth v. Oliver

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