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Nona Hegmann

Dec 27, 2024

Judy olsen, kristy johnston, and their mother, joyce johnston, owned seventy-eight acres of real estate property on eagle creek in

Judy Olsen, Kristy Johnston, and their mother, Joyce Johnston, owned seventy-eight acres of real estate property on Eagle Creek in Meagher County, Montana. When Joyce passed away, she bequeathed her interest in the property to Kristy. Kristy then wrote to Judy, offering to buy Judy’s interest or to sell her own interest to Judy. The letter instructed Judy to "respond to Bruce Townsend." In her response, Judy accepted Kristy’s offer to sell her interest, but she addressed the letter to Kristy, not Bruce. By that time, however, Kristy had made the same offer to their brother, Dave, who had accepted it. Did Judy and Kristy have an enforceable binding contract? Or did Kristy’s offer, which specified one exclusive mode of acceptance, render Judy’s reply ineffective?

1 Answers

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Anonymous

Nov 28, 2024

Yes , Judy and Kristy have an enforceable binding contractExplanation:Kristy Johnston, Judy Olsen, and Joyce Johnston, their mother, owned real estate as common buyers. After Joyce died, she left Kristy her one-third share in the house. Kristy sent Judy a letter in 2009 promising Judy to purchase or sell Judy's share in the property.  Judy accepted the sale bid from Kristy. Kristy then tried to refuse Judy's approval and to cancel her bid for sale. Judy lodged a Kristy lawsuit. The court granted the summary judgment to Judy finding that a contract had been drawn up between the letters exchanged between Judy and Kristy which satisfied the frauds ' status. The Supreme Court ruled that the district court decided out that an enforceable arrangement was established by exchanging letters from the parties.

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