The Parties Involved : Peter O. Mattei

748 Words Aug 4th, 2016 3 Pages
The Parties involved: Peter O. Mattei (Appellant) vs. Amelia F. Hopper (Respondent) Counselors: Jay R. Martin and William F. Sharon (Counselors for Appellant.) Carlson, Collins, Gordon & Bold, George R. Gordon, John L. Garaventa and Dean Ormsby (Counselors for Respondent). Mattei is a real estate developer who was planning to build a shopping center on land that was owned by Hopper. Mattei approached Hopper, the owner of said property with an offer of $57,000, which both parties agreed on.
The agreement was written on a form commonly known as a deposit receipt. “However, the agent was also given a 120 day to examine the title and consummate the purchase. The 120 day was also for Mattei to meet all guidelines of getting the proper leases according to his banks guidelines. Mattei also agreed to pay the initial $1,000 deposit, as specified by the agreement set by Hopper.” (Justice Spence, 1958)
While Mattei was in the process of collecting the proper leases, he was notified that Hopper has decided not to sell. “Thereafter, Mattei was informed that satisfactory leases had been obtained and that he had offered to pay the balance of the purchase price.” (Justice Spence, 1958) Hopper failed to tender the deed as provided in the deposit receipt. This lead to Mattei taking action against Hopper for breaching the agreement that was set in the deposit receipt. After a non-jury trial, the trial court ruled in the favor of Hopper. Mattei brought an appeal of the trial court’s ruling,…
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