Owen v. Tunison Case Brief

Summary of Owen v. Tunison
Supreme Judicial Court of Maine, 1932

Facts: Plaintiff (P) wrote a letter to defendant (D) stating that he was interested in buying D’s property for $6000. D wrote back this note: “Because of the improvements which have been added and an expenditure of several thousand dollars it would not ge possible for me to sell it unless I was to receive $16,000.00 cash." P wrote back accepting this offer but four days later D declined to sell the property. P brought this claim for damages.

Issue: Did D make an offer to the P that made him responsible to sell the property.

Holding: No

Rationale: From the letter written by D, it can be seen that he intended this price to open up the negotiation process and this was not a final offer to sell. The language used in D’s letter was of general nature that is seen in advertisements and it was not an offer by which D may be bound, if accepted by P.


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