Hendricks v. Behee

Missouri Court of Appeals · Contracts

ContractsOffer and AcceptanceRevocationAgencyoffer and acceptancecommunication of acceptancerevocationuncommunicated acceptance

Facts

Behee made a written offer on March 2, 1987, to purchase the Smiths' real estate and certain personal property, and the offer was mailed to the Smiths in Mississippi by their real estate agent. The Smiths signed the proposed agreement on March 4. Before Behee received notice that the Smiths had accepted, Behee told the Smiths' real estate agent that he wished to withdraw his offer. The trial court found the real estate agents involved were agents of the Smiths, and that finding was not disputed on appeal.

Issue

Whether a binding contract was formed when the Smiths signed Behee's written offer but did not communicate acceptance to Behee before he withdrew the offer through the Smiths' agent. Also, whether notice of withdrawal to the sellers' agent was effective against the sellers.

Rule

There is no contract until acceptance of an offer is communicated to the offeror. An uncommunicated intention to accept is not acceptance, and when an offer calls for a promise rather than an act, notice of acceptance is always essential. Unless the offer is supported by consideration, the offeror may withdraw it at any time before acceptance and communication of that acceptance to him. Notice to an agent, within the scope of the agent's authority, is notice to the principal.

🔒

See the holding & full analysis

Create a free KwikCourt account to unlock the rest of this brief — and practice the case.

The court's holding and reasoning
Doctrine tests, pitfalls & exam hypotheticals
10 practice questions + 4 AI-graded essays on this case

Free sample · practice this case

Test yourself

One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Tulsa, Owen Mercer sent Dana Ruiz a signed written offer to buy Dana's vacant lot for $180,000. Dana signed the offer that evening but told no one connected to Owen, and the next morning Owen emailed Dana withdrawing the offer before receiving any notice that Dana had accepted.

Is a binding contract most likely formed?

Explanation. No contract is formed until acceptance is communicated to the offeror. An uncommunicated intention or private act of acceptance is not enough, especially when the offer calls for a promise rather than performance. Because Owen withdrew before any acceptance was communicated to him, the unsupported offer remained revocable and no contract arose. (Derived from Hendricks v. Behee (n.d.).)