Robert Verry v. Chicago & Northwestern Transportation Company

Eighth Circuit

Robert Verry v. Chicago & Northwestern Transportation Company

650 F.2d 925, 1981 U.S. App. LEXIS 12584

CourtCourt of Appeals for the Eighth Circuit

DecidedJune 5, 1981

Docket80-1747

StatusPublished

This text of 650 F.2d 925 (Robert Verry v. Chicago & Northwestern Transportation Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Robert Verry v. Chicago & Northwestern Transportation Company, 650 F.2d 925, 1981 U.S. App. LEXIS 12584 (8th Cir. 1981).

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Opinion

PER CURIAM.

On February 6, 1978, Robert Verry offered to buy a certain tract of land from Chicago & Northwestern Transportation Co. (C & NW) for $12,750. A deposit of $2,500 accompanied the offer, which provided that the deposit would “be refunded if this offer is not accepted by seller within ninety (90). days.” On August 31,1978, C & NW mailed a check for $2,500 back to Verry, thus indicating that it had not accepted his offer to buy the land. Verry sued C & NW for breach of contract. On cross-motions for summary judgment, the District Court 1 held that “no contract was ever entered into by the Defendant.” Judgment was entered accordingly, and plaintiff Verry appeals.

We agree with the District Court. The offer was never accepted. Nor were the circumstances, including defendant’s silence until August 31, such as to estop C & NW to deny acceptance.

No useful purpose would be served by a more extended discussion. See 8th Cir. R. 14.

Affirmed.

1

. The Hon. Andrew W. Bogue, Chief Judge, United States District Court for the District of South Dakota.

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PER CURIAM.

On February 6, 1978, Robert Verry offered to buy a certain tract of land from Chicago & Northwestern Transportation Co. (C & NW) for $12,750. A deposit of $2,500 accompanied the offer, which provided that the deposit would “be refunded if this offer is not accepted by seller within ninety (90). days.” On August 31,1978, C & NW mailed a check for $2,500 back to Verry, thus indicating that it had not accepted his offer to buy the land. Verry sued C & NW for breach of contract. On cross-motions for summary judgment, the District Court 1 held that “no contract was ever entered into by the Defendant.” Judgment was entered accordingly, and plaintiff Verry appeals.

We agree with the District Court. The offer was never accepted. Nor were the circumstances, including defendant’s silence until August 31, such as to estop C & NW to deny acceptance.

No useful purpose would be served by a more extended discussion. See 8th Cir. R. 14.

Affirmed.

1

. The Hon. Andrew W. Bogue, Chief Judge, United States District Court for the District of South Dakota.

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Bluebook (online)

650 F.2d 925, 1981 U.S. App. LEXIS 12584, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-verry-v-chicago-northwestern-transportation-company-ca8-1981.