Ward v. Mattuschek
Supreme Court of Montana
330 P.2d 971
Relevant factsFree
Mattuschek (defendant) gave broker Carnell an exclusive, unqualified written authorization to sell his ranch; Carnell found a buyer, Ward (plaintiff), who paid a deposit and signed a written instrument agreeing to purchase under the terms of the Mattuschek-Carnell agreement, but Mattuschek then refused to complete the sale. The trial court ruled for Mattuschek, finding no instrument signed by Mattuschek himself satisfied the statute of frauds as to Ward specifically, and Ward appealed.
IssueFree
Whether, under Montana law, acceptance of an unqualified offer to sell is binding upon the seller even when the acceptance is not itself signed by the seller.