Cengage Advantage Books: Business Law 9th Edition by Arnold Goldman ,William Sigismond

Exercise 24

Morrison prepared a contract in Florida to purchase some Florida land owned by Thoelke. Morrison then mailed the contract to Thoelke, who was in Texas. Immediately after receiving the contract, Thoelke signed it and placed it in the mail, addressed to Morrison's attorney in Florida. Before the contract was received by Morrison's attorney, Thoelke called the attorney and canceled the contract. Morrison, however, recorded the contract. Thoelke filed a lawsuit to have the contract declared void, claiming that canceling the contract prior to its receipt by Morrison was a valid cancellation. Is Thoelke correct? (Morrison v. Thoelke, Fla. 155 So.2d 889)