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question

A man wants to sell his bungalow for 10,000.Hisneighborwantstobuyitsohecanmakehisyardbiggerandusethestructureasastoragespace,soheagreestobuythebungalowinawrittenagreement.ThesaleistobecompleteonOctober14.OnOctober10,theneighborrealizeshecannotpay10,000. His neighbor wants to buy it so he can make his yard bigger and use the structure as a storage space, so he agrees to buy the bungalow in a written agreement. The sale is to be complete on October 14. On October 10, the neighbor realizes he cannot pay 10,000, and offers to pay 8,000instead.Themanagrees,andtheexchangetakesplaceonOctober14.Themanthensuesfortheremaining8,000 instead. The man agrees, and the exchange takes place on October 14. The man then sues for the remaining 2000. Would he likely prevail in getting the additional $2,000 that is part of the signed contract?
Plain-text mathematical notation (without MathML)
A man wants to sell his bungalow for 10,000.Hisneighborwantstobuyitsohecanmakehisyardbiggerandusethestructureasastoragespace,soheagreestobuythebungalowinawrittenagreement.ThesaleistobecompleteonOctober14.OnOctober10,theneighborrealizeshecannotpay10,000, and offers to pay 8,000instead.Themanagrees,andtheexchangetakesplaceonOctober14.Themanthensuesfortheremaining2000. Would he likely prevail in getting the additional $2,000 that is part of the signed contract?
Original LaTeX notation
A man wants to sell his bungalow for $10,000. His neighbor wants to buy it so he can make his yard bigger and use the structure as a storage space, so he agrees to buy the bungalow in a written agreement. The sale is to be complete on October 14. On October 10, the neighbor realizes he cannot pay $10,000, and offers to pay $8,000 instead. The man agrees, and the exchange takes place on October 14. The man then sues for the remaining $2000. Would he likely prevail in getting the additional $2,000 that is part of the signed contract?

choices

  1. No, the modification of the sales price was accepted and therefore both parties are bound to the $8000 price.
  2. Yes, there was a lack of additional consideration under the pre-existing duty rule so that the modification was invalid and the original price was still valid.
  3. No the original contract was a unilateral contract that could not be modified and had to be performed at the original price.
  4. No, there was full performance of the contract.

subject

professional_law

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