MORRISON V. THOELKE
155 So. 2d 889 (1963)
NATURE OF THE CASE: This was an action for a breach of contract. Morrison (D) sought
review of a final decree for Thoelke (P) in an action to quiet title and to enjoin D from
making any claim under a recorded contract for the sale of real property.
FACTS: Morrison (D) and Theolke (P) were negotiating a sale of land. P sent D an offer by
mail. D accepted the offer and mailed the acceptance to P's attorney. Before the contract
was received by P, D changed his mind and telephoned the attorney, withdrawing his
acceptance. Even so P had the contract recorded. The plaintiff-appellees, owners of certain
realty, sued to quiet title, specifically requesting that defendant-appellants be enjoined
from making any claim under a recorded contract for the sale of the subject realty.
Defendant-appellants counterclaimed, seeking specific performance of the same contract and
conveyance of the subject property to them. The lower court, after hearing, entered a
summary decree for Ps; the contract had been cancelled and repudiated prior to its receipt *
* * and that on this basis there was no legal contract binding on the parties D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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