Davis v. Satrom
Supreme Court of North Dakota
383 N.W.2d 831 (1986)
Relevant factsFree
Davis (plaintiff) sent a letter of intent to purchase a mobile-home park; Blair (defendant) modified the terms and returned it, Davis then submitted a purchase agreement with additional terms, and Blair added further conditions, including a requirement that the agreement be approved by Satrom and Blair's attorney; that approval never came, and Satrom and Blair told Davis they would not close. Davis sued for specific performance or damages; the trial court granted summary judgment for the defendants, and Davis appealed.
IssueFree
Whether, under the common law, a response to an offer that changes the terms of the offer is a counteroffer that does not create a contract.