Law for Business 10th Edition by James Barnes,Terry Dworkin,Eric Richards

Exercise 5

Meyer, after seeing a sign on Chosnyka's land reading "FOR SALE 95 ACRES" and running a title search, sent Chosnyka an offer to buy the land as described by its legal description. The offer required acceptance by returning a signed copy within 10 days. Chosnyka signed and returned the copy the next day, along with a paper stating that he accepted with the following conditions: (1) that the closing date be within 60 days and (2) that the land's legal description was accurate but the acreage stated in it was only an estimate. The next day Meyer went to the property and discovered an underground pressurized gas line on it. Because of this and the lack of a warranty that the property was exactly 95 acres, he refused to buy the property for the amount stated in the offer. Chosnyka insisted on that price, and when Meyer refused to pay, sold the property for less to someone else. He then sued Myer for breach of contract. Was Chosnyka's acceptance with conditions really a counteroffer?