## Facts

- The Thoelkes owned real property in Orange County, Florida.
- On November 26, 1957, the Morrisons signed a written contract to purchase the property and mailed it to the Thoelkes in Texas.
- On November 27, 1957, the Thoelkes signed the contract and deposited it in the mail addressed to the Morrisons’ attorney in Florida.
- Before the mailed acceptance was received, the Thoelkes telephoned the Morrisons’ attorney and attempted to cancel and repudiate the contract.
- After the signed contract arrived, the Morrisons recorded it in the public records.
- The Thoelkes filed an action to quiet title and to enjoin the Morrisons from asserting rights under the recorded contract.
- The Morrisons counterclaimed for specific performance.
- The trial court entered summary judgment for the Thoelkes, ruling no binding contract existed because the Thoelkes repudiated before the acceptance was received.

## Issues

1. Whether, when an offer is accepted by mail, the acceptance is effective upon mailing or only upon receipt, such that repudiation before receipt prevents contract formation.
2. Whether summary judgment was proper where the trial court’s ruling rested on nonexistence of a contract and other disputed facts concerned performance-related matters.

## Decision

- The appellate court reversed the summary final decree and remanded.
- It held that a contract was formed when the Thoelkes mailed their signed acceptance.
- The attempted repudiation after mailing but before receipt did not prevent formation; it constituted an alleged breach.
- Because a contract existed, disputes bearing on entitlement to relief (including specific performance) could not be disposed of on a summary decree premised on lack of contract formation.

## Legal Principles

- Under Florida’s “deposited acceptance” (mailbox) rule, an acceptance properly dispatched by mail is effective upon mailing, not upon receipt.
- A definite time of contract formation is required when the parties use the mail; the rule supplies that point at dispatch.
- When the mailbox rule applies, the offeror bears the risk of delay or mishap in transmission once the acceptance is properly mailed.
- Summary judgment is improper when the ruling turns on an erroneous legal conclusion and remaining factual disputes become material under the correct legal rule.

## Conclusion

The court held that the sellers’ mailed acceptance formed a binding real-estate contract at the moment of dispatch, so their attempted cancellation before receipt could not negate formation; the quiet-title summary judgment was reversed and the case was remanded for further proceedings.


Morrison v. Thoelke, 155 So. 2d 889 (Fla. Dist. Ct. App. 2d Dist. 1963)