William C. LYON
ADGRAPHICS, INC. et al.
Argued Feb. 11, 1988.
Susan M. Cormier, with whom were Wesley W. Horton and Martin M. Rutchik, Norwich, for appellants (defendants).
Lloyd L. Langhammer, Waterford, with whom, on the brief, was Andrew Brand, New London, for appellee (plaintiff).
Before BORDEN, O'CONNELL and STOUGHTON, JJ.
[14 Conn.App. 253] BORDEN, Judge.
The defendants  appeal from a judgment of specific performance in this contract action. The sole issue is whether the trial court erred in finding that the plaintiff had accepted the defendants' counteroffer prior to the defendants' revocation of that counteroffer and thus created an enforceable contract between the parties. We find error.
The trial court found the following facts. The defendant Edward Sherman had engaged V.R. Brokers as listing agent for the sale of a business with the principal [14 Conn.App. 254] asset being a real estate advertisement publication known as the "Showcase of Homes." The plaintiff contacted V.R. Brokers as a prospective purchaser. On December 5, 1985, the plaintiff made a written offer to purchase the business for $75,000, and attached certain conditions to the offer. Later the same day, Sherman signed a written counteroffer to sell the business for $80,000, and indicated that two of the conditions which the plaintiff attached to his offer were not acceptable.
On December 7, at 11:35 a.m., the plaintiff, purporting to accept the counteroffer, signed it Before a notary public, and then brought it to the office of V.R. Brokers around noon on that day. At about 9 a.m. on that same day, Sherman informed the principal of V.R. Brokers, Robert Renault, that he wanted to cancel his counteroffer. This information was communicated to the plaintiff by Renault ...