Knight v. Cooley

Vendor and Tendee- contract: correspondence. Where a letter is addressed to another, inquiring if he is the owner of certain real estate and the price thereof, to which he responds, stating the price at which he holds it, such response will not he construed as a proposition of sale.

Appeal from Delaware Disiriot Oourt. Action at law to recover damages for the breach of an. alleged contract for the sale and conveyance of certain real estate. The contract, as claimed by plaintiff, was made by correspondence between the parties, the plaintiff being in Dubuque, and the defendant in Washington city. The negotiation was commenced by plaintiff writing to defendant in May, 1866; the precise terms of this letter do not appear in the evidence, at least the parties do not agree as to its contents. The letter itself, having been lost, was not in proof. The defendant, in his evidence, made the following statement of its contents: “ The letter of Knight ashed me two questions : If I was the owner of the south two-fifths of lot 469, and if so, what was the price of the same? This is all there was in it.” The plaintiff testified in regard to the same letter as follows: “ I can’t give the exact words I used; could not pretend to do that. My recollection is, that in my letter to Cooley I ashed him whether he was the owner of the south two-fifths of lot 469, in city of Dubuque, and ashing him what he would sell them for, and I thinh I said to him to name his lowest cash price, and that I would let him hnow at once whether I would accept or not.” To this letter defendant replied as follows: “ Washington, May 18,1866. “ Friend Knight. —Tours is received. The lots are so incumbered it would be difficult to mahe title at once. Price, $1,700 and $1,500, net, and cheap. “ Truly, D. N. Cooley.” Plaintiff’s reply is in this language: “Dubuque, May 22, 1866. “Hon. D. N. Coobey, Washington. “ Dear Sir : —Tours of the 18th inst. is at hand. I will take the lots on the terms proposed by you in it, and herewith send you draft for $100 on account of the bargain. The balance of the money is ready, and -will be paid immediately on good, clear title being made. I wish you would proceed to have the title made at your earliest convenience. “Tours, W. J. Knight.” The draft sent in this letter was returned, or offered to be returned, to plaintiff within a short time after its receipt. • The court instructed the jury as follows: “I. Taking either plaintiff’s or defendant’s statement of the contents of plaintiff’s first letter to defendant to be true, that letter, together with defendant’s letter of May 18, 1866, and plaintiff’s letter of May 22, 1866, constituted a contract on the part of defendant to convey, at some future time, to plaintiff the lots in question, at the price of $3,200.” Other instructions were given to the jury, and certain instructions asked by defendant were refused. As no consideration is given them in the opinion, they need not be more particularly referred to. There was a verdict and judgment for plaintiff. Defendant appeals.