Lonergan v. Scolnick

Scolnick (defendant) advertised property for sale, and Lonergan (plaintiff) inquired for details; their subsequent correspondence involved Scolnick describing the property and asking for a price, and Lonergan asking clarifying questions about the property's legal description and physical characteristics while suggesting an escrow agent. On April 8, Scolnick wrote confirming Lonergan had found the right property and approving the suggested escrow agent, but warning Lonergan needed to act quickly since another buyer was interested; Scolnick sold the property to that third party on April 12, before Lonergan even received the April 8 letter on April 14. Lonergan then wrote back attempting to proceed with depositing the purchase price in escrow, and upon learning the property was already sold, sued; the trial court found no contract had ever formed, and Lonergan appealed.