Hendricks v. Behee

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Hendricks v. Behee
Court Missouri Court of Appeals
Citation 786 S.W.2d 610
Date decided March 27, 1990


  • Hendricks = plaintiff = was the escrowee of $5,000 which was paid by Behee = abstract & title company = escrow company
  • Mr. Behee = defendant who deposited $5,000 as earnest money for the home to be purchased from Smith = buyer
  • On March 2, 1987, Behee (defendant) offered to purchase real estate from by a couple named Smith (defendants) for $42,500
  • The Smith couple lived in Mississippi while their real estate agent lived in Missouri
  • On March 4th 1987, Smiths received the real estate offer from Behee & accepted it in writing
  • Neither Smiths nor their agent notified Behee (buyer) of their acceptance
  • Before learning about the sellers' acceptance, Behee revoke his offer
As a result, Behee (buyer) & Smiths (sellers) disagreed about the existence of a real estate contract. At this juncture, Hendricks (the title company) filed an inter-pleader action in state court & deposited the $5,000 with the court.

Procedural History

A bench trial in Missouri ruled in favor of Behee.


Is an offeror's revocation of an offer effective if done before the offeree [Smiths] has given the offeror [Behee] notice of acceptance of the offer?


Yes. An offeror may revoke the offer at any time before the offeree [Smiths] has communicated the acceptance to the offeror [Behee; buyer] or the offeror's agent.




The whole court with Judge Flanigan: The offeree's acceptance has to be communicated to the offeror [Behee, buyer].