Contract Law

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On April 2, 2006 Joe Tex, the Dallas Rancher, sent John Cass, the Wyoming rancher, an email that said "John, those then steers you saw and liked when you visited last May are for sale now. I can let you have them for $2,000 a head. They are to be used only for breeding. This is no-kill ranch. If you are interested let me know.

On September 2, 2006, having not heard from Cass, Tex decided not to sell them and give them to his daughter as a gift.

On September 3, 2006 a cattle truck pulled into Tex's driveway. The driver got out and handed Tex a document called "Bill of Sale". It was a preprinted form with the name and address of Cass, the name and address of Tex, the date (which was listed as April 3, 2006) and the entry "the ten steers discussed last May" and a bank check for the full amount.

Tex took the bank check, handed back the Bill of Sale, unsigned and said "The steers are no longer for sale". Tex deposited the check.

A week later he got a certified letter from Cass. It said, "Dear Joe, I bought fertile cows to breed with the steers, They cost me a total of $30.000. I wouldn't have bought them if I'd known you weren't going to sell the steers. Now either you give me the steers, or my lawyer might also sue for specific performance, which is a contract remedy. And I will sue you here in Wyoming.

You have to represent Tex and need to write an opinion letter telling him what his vulnerabilities are legally, his strengths, and advising him of the best approach to this situation. You have to fully state the reasons that support your conclusions, not just a statement.

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