Amy Harris (003482361)
Mgmt 490
March 12, 2014
Beechko

Peter O. Mattei, Appellant, v.

Amelia F. Hopper, Respondent.

Facts:
The plaintiff Peter Mattei was a real estate investor looking to purchase land from the defendant Amelia Hopper. The defendant seemed hesitant to sell her land, rejecting many offers that the plaintiff had proposed to her. After so many offers went rejected by the defendant in this case, the defendant submitted an offer to the plaintiff. The plaintiff quickly accepted the offer the same day it was submitted.

When the agreement was reached the two worked with a real estate agent and came up with a contract that would require a $1000 deposit. The contract also included a clause that would allow 120 days from the initiation of the contract to examine the title and consummate the purchase. This clause developed at the request of the defendant.

The first performance of the contract was made by the defendant by submitting the $1000 deposit to the real estate agent. However, the defendant had her attorney contact the plaintiff, and disclose that she was no longer going to sell her land under the contract terms. After this contact between the attorney and the plaintiff, the plaintiff sent notice that he obtained secured leases and offered to pay the remaining purchase price. The Defendant however never submitted the deed for the land. The plaintiff sued the defendant for breach of contract.
Issue:
The issue in this case appears to be whether or not the “contract” that was signed was indeed a valid contract. The plaintiff appeared to believe it to be. His clause that he requested to have in the contract however may have turned it from a valid contract to an offer.
Rule:
In order for a valid contract to be created both parties must be legally bound. Since the terms of this contract included room for the defendant to retract his