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VERRY v. CHICAGO & N. W. TRANSP. CO.

No. 80-1747.

650 F.2d 925 (1981)

Robert VERRY, Appellant, v. CHICAGO & NORTHWESTERN TRANSPORTATION COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided June 5, 1981.

Attorney(s) appearing for the Case

Stephens, Quinn, Carr, Tschetter & Buckmaster, P.C., Laurence J. Zastrow, Belle Fourche, S. D., for appellant.

Woods, Fuller, Schultz & Smith, M. T. Woods, Sioux Falls, S. D., for appellee.

Before LAY, Chief Judge, ARNOLD, Circuit Judge, and BECKER, Senior District Judge.

PER CURIAM.

On February 6, 1978, Robert Verry offered to buy a certain tract of land from Chicago & Northwestern Transportation Co. (C & NW) for $12,750. A deposit of $2,500 accompanied the offer, which provided that the deposit would "be refunded if this offer is not accepted by seller within ninety (90) days." On August 31, 1978, C & NW mailed a check for $2,500 back to Verry, thus indicating that it had not accepted his offer to buy the land. Verry...

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