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Normile v. Miller

Supreme Court of North Carolina

326 S.E.2d 11 (1985)

Relevant factsFree

Normile (plaintiff) made a time-limited offer to buy Miller's (defendant's) property, and Miller responded with a counteroffer changing material terms (including payment structure) while leaving the original expiration time unchanged; Normile mistakenly believed this created a binding option and decided to wait rather than immediately accept. Miller then sold the property to another buyer, and after being told of the sale, Normile attempted to accept the counteroffer later that same day; Miller refused to honor the deal, and Normile sued for specific performance, losing at the trial and appellate levels before appealing.

IssueFree

Whether an offeree can enforce a contract to sell property if he did not accept the offer until after it had been validly revoked.

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