HOUSTON DAIRY, INC. v. JOHN HANCOCK MUTUAL LIFE INSURANCE CO. 643 F.2d 1185 (4th Cir. 1981) CASE BRIEF

HOUSTON DAIRY, INC. V. JOHN HANCOCK MUTUAL LIFE INSURANCE CO.
643 F.2d 1185 (5th Cir. 1981)
NATURE OF THE CASE: This was a dispute about a good faith loan deposit. Houston (P), challenged an order, which found Hancock (D) had both waived a seven-day limitation and validly accepted P's counter offer and that the parties had entered into a binding contract and awarded D the $16,000 deposit as valid, liquidated damages for breach of the loan agreement.
FACTS: John Hancock (D) mailed a commitment letter to Houston Dairy (P) to lend it $800k if P would return the commitment letter with a written acceptance and enclose a letter of credit or a cashier's check for $16k within 7 days. The commitment letter stated that the $16k was a good faith deposit and the appropriate measure of liquidated damages in case of default by P. P complied with D's terms and but mailed the commitment and check 11 days after the expiration of the term provision. P then found it could obtain a loan for less at a state bank. P requested that its monies be refunded. At trial, it was determined that D had waived the seven-day limitation and that there was a contract. P appealed; the letter was a counteroffer that was never accepted by D.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





Get free access to the entire content for Mac, PC or Online

for 2-3 days and free samples of all kinds of products.

https://bsmsphd.com




© 2007-2016 Abn Study Partner

No comments:

Post a Comment