Question

Judy Olsen, Kristy Johnston, and their mother, Joyce Johnston, owned 78 acres of land on Eagle Creek in Montana. When Joyce died, she left her interest in the property to Kristy. Kristy wrote to Judy, offering to buy Judy’s share or to sell her own share to Jury. The letter said to "please respond to Bruce Townsend." In a letter to Kristy, not Bruce, Judy accepted Kristy’s offer to sell her share. By that time, however, Kristy had made the same offer to sell her share to their brother Dave, and Dave had accepted. When Kristy told Judy that she was selling to Dave, Judy filed a breach of contract against Kristy, alleging they had a valid contract between the two of them. What would be the likely result?

Answer 1

Answer:

The court will rule in favor of Judy

Explanation:

Kristy made a valid offer to Judy and Judy accepted it before Dave accepted Kristy´s offer so Judy's acceptance should prevail.

In the offer letter, Kristy told Judy to "please respond to Bruce Townsend", but she did not specify that the only proper mode of acceptance was the response to Bruce. Since she did not specify that Judy could not respond directly to her, Judy's letter of acceptance to Kristy's offer is valid.

Kristy should have been more specific in stating that the only proper mode of acceptance was a response to Bruce.