Parks Enterprises v. New Century Realty

This case is an appeal from the trial courts dismissal of the plaintiffs suit for specific performance of a sale of real property. The plaintiff, Parks Enterprises, Inc., desired to purchase approximately 84 acres of land from New Century Realty, the defendant. On September 27, 1979, the plaintiff filled out and signed a printed form Earnest Money Receipt and Offer to Purchase, which was carried to the defendant by the plaintiffs agent, J. Fred Smith of Tri-State Realty. Among other terms, the plaintiffs offer provided that $5,000 in earnest money would be deposited with Tri-State Realty upon the parties reaching an agreement and that the offer would remain open for two hours. The offer also listed four conditions to which the sale would be subject upon acceptance of the offer. John A. Riding, President of New Century Realty, found the primary terms of the offer acceptable, but objected to the listed conditions. In the space below the conditions, Riding typed in the following: