Owen v. Tunison Case Brief Summary | Law Case Explained

Owen v. Tunison | 158 A. 926 (1932)

An offer is an essential element of contract formation. But how do courts distinguish between an offer and general statements made by the parties during negotiations? We explore that question in the Nineteen Thirty-Two case Owen versus Tunison.

R. G. Tunison owned property on Main Street in Bucksport, Maine. The property contained several stores, including a drug store and a grocery store. W. H. Owen wanted to buy the property. Accordingly, Owen wrote to Tunison and asked if Tunison would sell him the property for six thousand dollars. Tunison responded to Owen’s letter and stated that he couldn’t sell the property for less than sixteen thousand dollars. Owen, in turn, sent Tunison a message accepting Tunison’s purported offer to sell the property and asking Tunison to confirm receipt of the same. Several days later, Tunison told Owen that he didn’t want to sell the property.

Owen filed suit against Tunison and sought damages for Tunison’s refusal to sell the property. A trial was held in Maine superior court. By agreement of the parties, the case was then reported to the Maine Supreme Judicial Court for decision.




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