HENDRICKS V. BEHEE 786 S.W.2d 610 (1990) CASE BRIEF

HENDRICKS V. BEHEE

786 S.W.2d 610 (1990)

NATURE OF THE CASE: This was an interpleader action. Smiths (D1), sellers, sought review of a judgment that awarded a money judgment to Behee (D), buyer, in the interpleader action filed by Hendricks (P) escrow money holder.

FACTS: Hendricks (P) instituted an interpleader action against Behee (D) and others. P was an escrowee of $5,000 paid by D as a deposit with an offer to purchase real estate owned by Smiths (D1). A dispute arose and D filed a cross claim against D1. P was awarded $997.50 to be paid out of the $5,000 deposit. The balance was awarded to D. D1 appealed. D and D1 had engaged in negotiations that went nowhere. D then made a written offer of $42,500 for real estate and $250 for a dinner bell and flower pots. That offer was mailed March 3 to D1. The proposed agreement was signed March 4 but before D was notified of the acceptance, D withdrew the offer.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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