Thomason v. Bescher
Supreme Court of
176 N.C. 622, 97 S.E. 654
Facts: The defendants made a promise under seal that in
return for $1 from the plaintiff, they would sell the plaintiff a timber tract
in exchange for $6,000 by a certain date.
Before the $6,000 was tendered, the defendants notified the plaintiff
that they had revoked the offer. The plaintiff
sued for specific performance. The jury
found that the $1 had never been paid, but that the plaintiff was able and
willing to pay the $6,000 the whole time.
The court granted specific performance, and the defendant appealed.
Issue: Are offers under seal enforceable at equity?
Rule: Instruments under seal are binding at common law even
without consideration. When the offer is
accepted, it becomes a bilateral contract enforceable at equity.
Analysis: The court finds that the sealed instrument is
effective to bind the offerors to keep their offer open until the date they said
they would. The plaintiff was ready to
give him the money before that date, and the defendants refused, breaking their
sealed promise.
Conclusion: The trial court is upheld; the plaintiff has a right
to specific performance.