Horan (D) offered certain real property for sale. Ardente (P) made a bid of $250,000 on the property that was communicated to D by D's attorney. D's attorney advised P that the offer was accepted and a formal written agreement was prepared and forwarded to P’s attorney for P’s signature. After investigating certain title conditions, P signed the agreement and returned it along with a $20,000 check and a statement about certain items of furniture being part of the transaction. The letter indicated that P was concerned that certain items remain with the real estate and that P wanted confirmation that these items would be part of the sale as they would be difficult to replace. D refused to sell those items and directed their attorney to not sell the property nor did they sign the purchase and sales agreement. P sued for specific performance and D requested a summary judgment; no contract had been formed as a matter of law. The court indicated that the additional terms indicated a conditional acceptance and thus was a counteroffer. Summary judgment was granted, and P appealed.

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