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

Owen (P) wrote a letter asking Tunison (D) if he would sell his Bradley block and lot for $6,000. D replied that it would not be possible to sell the land unless he was to receive $16,000 cash. D further noted that the building was in first class condition. P sent a message to D accepting the $16,000 offer. D refused to sell because he did not make an offer. P brought suit. The judgment was given to D because the letter of the $16,000 was not an offer to sell but merely an intent to open negotiations.

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