This section contains the nature of the case and procedural background.

After negotiating to buy a mobile home park from Ds, P sent to David Wisdom, a real estate agent, a 'letter of intent' dated July 24, 1984, to purchase the park. D changed some of the terms contained in the letter and returned it to P. By letter dated September 7, 1984, D told Wisdom that they would not do the deal. Wisdom forwarded D's letter to P and by letter dated September 17, 1984, informed P that Ds 'have indicated to me that they are unwilling to negotiate further or close this transaction.' In a September 25, 1984 letter Davis stated 'I am ready to fully perform under the terms of the purchase agreement that you and D signed,' and enclosed a check in the amount of $10,000, which D returned uncashed. P sued for specific performance or damages, and the trial court entered summary judgment dismissing the action. P appealed.

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