The following excerpts from letter negotiations on land occurred between Magnus
Matthews and Elaine Brown.
January 4, 2013
Dear Magnus,
I am interested in buying that lot you showed me last Saturday. You talked about
$40,000 as a price. That sounds good to me. Let’s meet Wednesday at Frisco Kid’s to
iron out details.
Elaine
January 4, 2013 (via fax)
Elaine,
$40,000 is the price. Cash only. I’ll see you Wednesday at 5:30.
Magnus
On January 5, 2013, a developer came to Magnus with $40,000 cash and asked to buy
the lot. Magnus signed a contract and accepted a $4,000 earnest money deposit. On
January 6, 2013, Magnus met Elaine at Frisco Kid’s and said when he first spotted her,
‘Sorry, kid. I sold the lot yesterday. Cash straight up. Let’s talk about any of my other
lots.’ Did Magnus and Elaine have a contract?
The dominant estate is the one holding the easement.
The English rule with regard to trade fixtures was that all trade fixtures were real
property.