King v. Wenger

Loraine Wenger (defendant), who owned a half interest in property alongside her sister (with her mother holding a life estate), discussed a purchase offer from King (plaintiff) with both her mother and sister, then prepared and signed a handwritten purchase agreement (also signing for her sister, though her mother never signed); the parties agreed to meet with Wenger's attorney to draft a formal agreement, and King gave his own attorney a down payment consistent with the handwritten terms. When Wenger's attorney sent a formal agreement containing terms Wenger had never negotiated, she refused to sign it or a subsequent revised version, informing her attorney she had instead contracted with another buyer; King then tendered a down payment consistent with the handwritten agreement and sued for specific performance, but the trial court denied relief after a bench trial, and King appealed.