Hendricks v. Behee

Missouri Court of Appeals

786 S.W.2d 610 (Mo. Ct. App. 1990)

Generally, an offer may be revoked by the offeror at any time before the offeree’s acceptance is communicated to the offeror or the offeror’s agent.

Relevant Facts

Behee offered to purchase real estate from the Smiths (collectively the defendants) on March 2nd by submitting a written offer to the Smiths’ real estate agent. On March 3rd, the agent mailed the offer to the Smiths, and the Smiths signed and accepted the offer on March 4th. However, the Smiths’ acceptance was not communicated to Behee. Before it could be communicated, Behee contacted the Smiths’ real estate agent and withdrew his offer, resulting in a dispute between Behee and the Smiths as to whether a binding contract existed. Hendricks (the plaintiff) was the escrowee of $5,000 paid by Behee when he made his original offer to the Smiths. After the dispute, the plaintiff filed an interpleader action against the defendants in Missouri state court. Behee filed a cross-claim against the Smiths. The trial court awarded the plaintiff $997 to be paid out of Behee’s $5,000 deposit. The trial court awarded the remaining $4,002 to Behee. The Smiths appealed.

Issue

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Holding & Reasoning

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Concurrence

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Dissent

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Last updated:

December 23, 2020

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Procedural History

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Citations

786 S.W.2d 610 (Mo. Ct. App. 1990)