650 F2d 925 Verry v. Chicago & Northwestern Transportation Company

650 F.2d 925

Robert VERRY, Appellant,
v.
CHICAGO & NORTHWESTERN TRANSPORTATION COMPANY, Appellee.

No. 80-1747.

United States Court of Appeals,
Eighth Circuit.

Submitted May 19, 1981.
Decided June 5, 1981.

Stephens, Quinn, Carr, Tschetter & Buckmaster, P.C., Laurence J. Zastrow, Belle Fourche, S. D., for appellant.

Woods, Fuller, Schultz & Smith, M. T. Woods, Sioux Falls, S. D., for appellee.

Before LAY, Chief Judge, ARNOLD, Circuit Judge, and BECKER,* Senior District Judge.

PER CURIAM.

Advertisement
view counter
1

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 Court1 held that "no contract was ever entered into by the Defendant." Judgment was entered accordingly, and plaintiff Verry appeals.

2

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.

3

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

4

Affirmed.

*

The Hon. William H. Becker, Senior United States District Judge for the Western District of Missouri, sitting by designation

1

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

Advertisement