Lawwly

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.

Unlock the full brief

Free accounts read 20 full briefs. No card required.