The Brewers contracted to purchase Dower House from McAfee. Then, several weeks before the May 7 settlement date for the purchase of the house, the two parties began to negotiate for the sale of certain items of furniture in the house.
On April 30, McAfee sent the Brewers a letter containing a list of the furnishings to be purchased at specific prices; a payment schedule including a $3,000 payment due on acceptance; and a clause reading: ‘‘If the above is satisfactory, please sign and return one copy with the first payment.''
On June 3, the Brewers sent a letter to McAfee stating that enclosed was a $3,000 check; that the original contract had been misplaced and could another be furnished; that they planned to move into Dower House on June 12; and that they wished that the red desk also be included in the contract.
McAfee then sent a letter dated June 8 to the Brewers listing the items of furniture they had purchased. The Brewers moved into Dower House in the middle of June. Soon after they moved in, they tried to contact McAfee at his office to tell him that there had been a misunderstanding relating to their purchase of the listed items.
They then refused to pay him any more money, and he brought this action to recover the outstanding balance unless the red desk was also included in the sale. Will McAfee be able to collect the additional money from the Brewers?