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Ragosta v. Wilder

Supreme Court of Vermont

592 A.2d 367 (1991)

Relevant factsFree

After Wilder (defendant) returned Ragosta's (plaintiff) $2,000 check and instead offered to sell his shop for $88,000 any time before November 1 so long as he hadn't sold to someone else first, Ragosta secured financing at a cost of $7,500 and repeatedly rescheduled the closing date with Wilder's apparent acquiescence; Wilder then called off the sale before the rescheduled closing, and when Ragosta still showed up ready to close, Wilder did not appear. Ragosta sued for specific performance and won at the trial court.

IssueFree

Whether an offer to sell property to the offeree unless the offeror sells to another party first is enforceable once revoked before acceptance.

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