Keller v. Bones

Calvin and Audrey Bones (defendants) listed their ranch for sale, and Dean Keller (plaintiff) submitted an offer through the Boneses' real estate agent stating it would become binding upon the Boneses' execution and would expire if not accepted by July 21, 1997, at 5:00 p.m. The Boneses signed the offer and faxed it to their agent at 4:53 p.m. that day, but the agent did not leave Keller a voicemail informing him of the acceptance until 5:12 p.m., after the stated deadline. The Boneses later received a better offer and refused to sell to Keller, who sued for specific performance. The district court granted summary judgment for the Boneses, reasoning the notice of acceptance came after the 5:00 p.m. deadline; the court of appeals affirmed, and Keller appealed.