Thomas Cascade retired from his law enforcement job and began painting portraits. He loved to paint and expanded his painting into landscapes. The Festival of Arts was coming to his hometown and Thomas was invited to exhibit his paintings. On Wednesday, September 1, Thomas went to the festival and displayed several of his landscape paintings. Darla observed his mountain landscape painting and fell in love with it. She loved how Thomas captured the look of the sunset resting upon the mountains. She told Thomas that she will buy his painting for $2,500. Thomas told Darla that he has never sold one of his paintings and that he did not know what a fair price would be to charge for his painting. Thomas told Darla that he would take her phone number and call her back with a price.
Bobby, another art buff saw Thomas' work and offered to pay Thomas $4,500 for the same painting that Darla had wanted to buy. Thomas accepted Bobby's offer. Bobby asked Thomas to deliver the painting to his home by Friday and Bobby would pay him the money then. Thomas immediately took the painting out of his display, wrapped it in bubble wrap to protect it and put a sold sticker on it.
Thomas then had an art expert look at his work. The expert determined that his painting, based on his skill and talent, would sell from anywhere around $1,500 to $3,500 per painting.
Meanwhile, when Thomas tried to deliver the painting to Bobby on Friday, Bobby said that he had changed his mind and was no longer interested.
On October 1, Thomas then called Darla and left a message on her answering machine saying that he accepted her offer and would sell her the painting for the $2,500 she had offered. Darla has never returned Thomas' telephone call.
What are Thomas' rights against:
Legally, in a case of this nature Thomas has the right to collect the $4500 offered by Bobby for the painting. In essence, Thomas would win a civil suit against Bobby for the $4500 offered by Bobby for the painting, due to the fact that a legally binding contract, existed between ...