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    Brief 3

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    ReQail Ashbury
    Greene sued Keener for failure to return a secretary after rescinding a contract for its sale. Greene had priced the secretary at $6000 but her cousin told Keener it was $4200. Greene agreed to sell it to Keener for $4200 so he could see if it matched his furniture. The next day, Greene called Keener and asked him to return the secretary as she no longer wanted to sell. Keener said his wife liked it and they wanted to keep it. The trial court found a valid contract but the appeals court determined that Greene withdrew her offer before Keener accepted, so there was no contract.

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    Brief 3

    Uploaded by

    ReQail Ashbury
    158 views1 page
    Greene sued Keener for failure to return a secretary after rescinding a contract for its sale. Greene had priced the secretary at $6000 but her cousin told Keener it was $4200. Greene agreed to sell it to Keener for $4200 so he could see if it matched his furniture. The next day, Greene called Keener and asked him to return the secretary as she no longer wanted to sell. Keener said his wife liked it and they wanted to keep it. The trial court found a valid contract but the appeals court determined that Greene withdrew her offer before Keener accepted, so there was no contract.

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    Greene sued Keener for failure to return a secretary after rescinding a contract for its sale. Greene had priced the secretary at $6000 but her cousin told Keener it was $4200. Greene agreed to sell it to Keener for $4200 so he could see if it matched his furniture. The next day, Greene called Keener and asked him to return the secretary as she no longer wanted to sell. Keener said his wife liked it and they wanted to keep it. The trial court found a valid contract but the appeals court determined that Greene withdrew her offer before Keener accepted, so there was no contract.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    158 views1 page

    Brief 3

    Uploaded by

    ReQail Ashbury
    Greene sued Keener for failure to return a secretary after rescinding a contract for its sale. Greene had priced the secretary at $6000 but her cousin told Keener it was $4200. Greene agreed to sell it to Keener for $4200 so he could see if it matched his furniture. The next day, Greene called Keener and asked him to return the secretary as she no longer wanted to sell. Keener said his wife liked it and they wanted to keep it. The trial court found a valid contract but the appeals court determined that Greene withdrew her offer before Keener accepted, so there was no contract.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOCX, PDF, TXT or read online from Scribd
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    BUSA 2106 BRIEF REQAIL ASHBURY CITATION: PARTIES: ROW 4

    Greene v. Keener, 198 Ga. App. 565, 402 S. E.2d 284, 1991 Ga. App Greene = Plaintiff Keener = Defendant Failure to return secretary after rescission of contract

    CAUSE OF ACTION: FACTS:

    Greene placed several pieces of antique furniture from her mothers estate on sale. Because she lived in Atlanta she authorized a cousin to show the furniture. Keener inquired about the price of the secretary and was informed that it would be priced at $4200 when Greene had actually priced it at $6000. Greene was unsure if she wanted to sell the piece but agreed to sell it to Keener for the price of $4200. Keener stated he was interested in the piece but wanted to be sure it blended with the rest of his furniture so both parties agreed to allow Keener to take the secretary home and see if it matched the rest of his furniture. The night after Keener had taken the secretary home, Greene called and informed him that she no longer wanted to sell the secretary and asked that it be returned. Keener put Greene on hold to speak with his wife and after being told that she liked the piece, told Greene that they would like to keep the piece. Trial court determined that there was a valid binding contract for the sale. On appeal Green contends that there was a mutual rescission of the contract, though it was unnecessary due to the fact that Greene revoked the offer before there was an acceptance by Keener.

    ISSUE: Whether or not the trial court was wrong in their ruling that there was a valid contract for the sale of the secretary. HELD: Yes

    RULE OF LAW: If both parties, one prepared to accept and the other to retract, whichever speaks first will have the law with him; and this question is one of fact to be decided by the juror. REASONS: offeree. An offer to contract may be withdrawn by its offeror before its acceptance by its

    Greene had not accepted the contract at the time and accepted only after she had withdrawn her offer. Therefore communication of withdrawal occurred prior to acceptance.

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