Roth v. Malson
Court of Appeal of California
79 Cal. Rptr. 2d 226 (1998)
Relevant factsFree
Roth (plaintiff) offered to buy Malson's (defendant) land for $41,650, and Malson countered at $44,000 with a November 8, 1995 deadline. Roth returned the standard "Counter to Counter Offer" form, restating the $44,000 price but adding a new closing date and an "all cash" term, without setting his own deadline; Malson rejected it, and Roth sued for specific performance. The trial court granted Malson summary judgment on the ground that no contract existed, and Roth appealed.
IssueFree
Whether, under contract law, a response to an offer must be absolute and unqualified in order to be an acceptance.