Kempner v. Cohn Case Brief Summary | Law Case Explained

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Kempner v. Cohn | 1 S.W. 869 (1886)

Offer and acceptance are the building blocks of contracts. But when negotiations are conducted through the mail, it can be unclear when and if an offer is accepted and a contract is formed. This is especially true when the offeror has second thoughts and revokes the offer. In Kempner versus Cohn, the Arkansas Supreme Court sought to provide some clarity on this issue.

Cohn wanted to purchase a particular house in the city of Little Rock. Cohn wrote to the homeowner, Kempner, asking about Kempner’s desired terms for selling the house. Kempner wrote back on January thirtieth, eighteen eighty five, stating that he would sell the property for ten thousand dollars. Kempner’s uncle hand delivered the letter to Cohn on February second.

Cohn immediately informed Kempner’s uncle of his intent to accept Kempner’s offer. Cohn also replied in writing, stating that he was having the property’s title reviewed and that if the title was correct, he would agree to Kempner’s terms. Cohn mailed his reply on February seventh, and it reached Kempner on February ninth.

However, upon learning of Cohn’s intent to accept his offer, Kempner wrote Cohn another letter on February seventh, informing Cohn that he had decided not to sell the house.

Cohn sued Kempner for nonperformance and damages. Cohn argued that a binding contract arose from the parties’ written correspondence, under which Kempner was obligated to proceed with the sale. Kempner responded that no contract had been formed.

The jury found in favor of Cohn. Kempner appealed.

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