Kleiman v. Wayne Board of County Road Commissioners
Kleiman v. Wayne Board of County Road Commissioners
Opinion of the Court
. The above suits, between the-same parties, for specific performance of alleged contracts for the sale of 2 different pieces of land, involve similar facts and identical questions. Plaintiff learned that defendant commission had the 2 surplus properties for sale. He made written offers to purchase, at specified prices and terms, accompanied by deposits of earnest money. In-the one case the-action of defendant commission was as folloAvs:
“Following discussion, Commissioner O’Haramoved tentative approval of this offer for posting.” Supported and carried.
In the other case:
“Following discussion, Commissioner O’Hara moved approval of the offer for posting, reserving-the right to reject any and all bids.” Carried.
Thereafter, the course regularly pursued by defendant- commission in such instances, with Avhich plaintiff was then fully familiar, was followed in both cases; namely, there was a posting of plaintiff’s
In the 1 case, no other bids were received on or before the deadline, whereupon the plaintiff, after being told by 1 of defendant’s employees that the property was his, handed to such employee a cashier’s check, representing the balance of the down payment under the terms of the offer, and received from the latter a receipt therefor. Plaintiff also ■executed a land contract which was prepared for that purpose by defendant’s employees but never executed by defendant. Defendant later received a higher offer, refused to execute the land contract with plaintiff and attempted to return his deposit.
In the other case, offers were made by other persons before the deadline and this occurred as relates to several successive postings, but plaintiff made the final and highest offer entered prior to the .deadline specified in the last posting. Defendant rejected plaintiff’s offer.
Prom decrees dismissing his bills of complaint plaintiff brings these appeals. The question presented is whether plaintiff has established acceptances by defendant of his offers to purchase.
Upon receipt of plaintiff’s offers defendant set in motion the usual procedure, above outlined, with which plaintiff was familiar. The only tifficial actions taken by the defendant commission, namely, adoption of the above motions, amounted only to
Decrees in both cases affirmed, with costs to defendant.
Reference
- Full Case Name
- KLEIMAN v. WAYNE BOARD OF COUNTY ROAD COMMISSIONERS
- Cited By
- 2 cases
- Status
- Published