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

In 1985, Ragosta (P) first became interested in buying The Fork Shop from Wilder (D). That negotiation ended with nothing being done. In 1987, P again learned that D was interested in selling. P mailed an offer and a deposit check of $2,000 to buy the property. P made arrangements to find financing. D returned the check but offered to sell the property at any time up until November 1, 1987, for a specified sum if P would appear with D at the bank with the money if D did not convey the property to another. P got this letter and called D. The court found that P told D that the terms and conditions of his offer were acceptable and that they would, in fact, prepare to accept the offer. D assured P that there was no one else interested in The Fork Shop. P then informed D that they could not close on October 8th but would come to close on October 10th. On October 8, D informed P that he would not sell the property. The court found that at that time, D was aware that P had gone to the bank and were prepared to close. P showed up at the bank with the monies required on October 15th, but D failed to appear. P sued for specific performance. The trial court found for P: D could not revoke his offer of October 8th because P had begun performance (arranging financing). D appealed.

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