Hendricks v. Behee
786 S.W.2d 610 · Missouri Court of Appeals · 1990
Facts
Plaintiff Steve L. Hendricks, d/b/a Hendricks Abstract & Title Co., instituted an interpleader action against defendants Eugene Behee, Artice Smith, and Pearl Smith regarding a $5,000 deposit for a real estate purchase. Behee made a written offer to purchase real estate from the Smiths, who signed the proposed agreement in Mississippi. Before Behee was notified of the acceptance, he withdrew the offer by notifying the Smiths' real estate agent.
Issue
The Smiths contend that the dealings between them and Behee ripened into a contract and entitled the Smiths to the balance of $4,002.50, and that the trial court erred in ruling otherwise.
Holding
The judgment is affirmed, meaning the trial court's award of the balance of $4,002.50 to defendant Behee is upheld.
Rule
There is no contract until acceptance of an offer is communicated to the offeror. Unless the offer is supported by consideration, an offeror may withdraw his offer at any time before acceptance and communication of that fact to him.
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