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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