Bergey v. HSBC Bank U.S.A.

Richard Bergey (plaintiff) submitted a cash offer to buy a foreclosed home from HSBC Bank (defendant), competing against a higher, financing-contingent bid from the Randolphs; HSBC's agent, Tracy Jones (defendant), emailed Bergey's agent that HSBC had accepted his offer and attached an addendum and instructions. When the Randolphs removed their financing contingency, HSBC instructed Jones to withdraw its acceptance of Bergey's offer and instead sell to the Randolphs, who completed the purchase. Bergey sued HSBC and Jones for breach of and interference with contract; the trial court granted the defendants summary judgment, ruling no contract had ever formed because HSBC had not truly "accepted" Bergey's offer, and Bergey appealed.