Judy Olsen, Kristy Johnston, and their mother, Joyce Johnston, owned seventy-eig

Question

Judy Olsen, Kristy Johnston, and their mother, Joyce Johnston, owned seventy-eight acres of real property on Eagle Creek in Meagher County, Montana. When Joyce died, she left her interest in the property to Kristy. Kristy wrote to Judy, offering to buy Judy’s interest or to sell her own interest to Judy. The letter said to "please respond to Bruce Townsend." In a letter to Kristy—not to Bruce—Judy accepted Kristy’s offer to sell her interest. By that time, however, Kristy had made the same offer to sell her interest to their brother, Dave, and he had accepted. Did Judy and Kristy have an enforceable, binding contract? Or did Kristy’s offer specifying one exclusive mode of acceptance mean that Judy’s reply was not effective? Discuss.

1. What if Kristy and Judy were visiting face to face and Kristy made the offer to sell her property to Judy. Dave overheard and chimed in, "I'll buy it!" before Judy could reply. Does Dave have a contract? (Yes/ No)

2. Why wouldn’t Dave have a contract? (acceptance only can be given by the person to whom the offer is being made/ acceptance can be given by anyone hearing an offer)

Explanation / Answer

Question:- What if Kristy and Judy were visiting face to face and Kristy made the offer to sell her property to Judy. Dave overheard and chimed in, "I'll buy it!" before Judy could reply. Does Dave have a contract?

Answer:- No, as an offer can be accepted only by the person to whom it is made.

Question:- 2. Why wouldn’t Dave have a contract?

Dave is not the person who can have the contract as the contract was offered to Judy rather than Dave

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