LoCicero v. Demers

Massachusetts Supreme Judicial Court

LoCicero v. Demers

186 N.E.2d 604, 345 Mass. 762, 1962 Mass. LEXIS 944

CourtMassachusetts Supreme Judicial Court

DecidedNovember 29, 1962

StatusPublished

This text of 186 N.E.2d 604 (LoCicero v. Demers) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

LoCicero v. Demers, 186 N.E.2d 604, 345 Mass. 762, 1962 Mass. LEXIS 944 (Mass. 1962).

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Opinion

Order sustaining demurrer affirmed. The declaration in contract alleged (1) a writing by the defendant, dated September 19, 1957, granting to the plaintiff “a first option” to buy described land owned by the defendant at a price not to exceed $1,500; (2) a writing by the defendant, dated August 6, 1958, informing the plaintiff that, if he did not exercise his “option” by August 18, 1958, the defendant would sell to another; (3) a writing by the plaintiff, dated August 13, 1958, exercising the “option” and “offering” [763]*763$500 for the land; and (4) a sale by the defendant to another. A demurrer to the declaration was properly sustained. The writings of the defendant were at most an invitation for an offer within a stated maximum. The communication from the plaintiff was an offer which the defendant was free to accept or reject or ignore. Cronin v. National Shawmut Bank, 306 Mass. 202, 210, and cases cited.

Vernon B. Fletcher for the plaintiff. Philip P. Weiss for the defendant.

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Order sustaining demurrer affirmed. The declaration in contract alleged (1) a writing by the defendant, dated September 19, 1957, granting to the plaintiff “a first option” to buy described land owned by the defendant at a price not to exceed $1,500; (2) a writing by the defendant, dated August 6, 1958, informing the plaintiff that, if he did not exercise his “option” by August 18, 1958, the defendant would sell to another; (3) a writing by the plaintiff, dated August 13, 1958, exercising the “option” and “offering” [763]*763$500 for the land; and (4) a sale by the defendant to another. A demurrer to the declaration was properly sustained. The writings of the defendant were at most an invitation for an offer within a stated maximum. The communication from the plaintiff was an offer which the defendant was free to accept or reject or ignore. Cronin v. National Shawmut Bank, 306 Mass. 202, 210, and cases cited.

Vernon B. Fletcher for the plaintiff. Philip P. Weiss for the defendant.

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Bluebook (online)

186 N.E.2d 604, 345 Mass. 762, 1962 Mass. LEXIS 944, Counsel Stack Legal Research, https://law.counselstack.com/opinion/locicero-v-demers-mass-1962.

Opinion

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