#### J. D. HALL v. H. C. JONES.

(Filed 10 December, 1913.)

Contracts — Offer to Sell — Acceptance—Place of Payment.

An acceptance of an offer to sell must unconditionally be in accordance witb tbe full terms of tbe offer, to make a binding contract; and where tbe proposed vendor and purchaser reside in different towns or places, an offer to sej.1 lands at a certain • price implies that payment should be made in casb at tbe residence of tbe former, and an acceptance by tbe latter specifying payment at bis own place of residence is a variation from tbe terms of the'offer, and no contract is thereby effectuated.

Appeal by plaintiff from Daniels, J., at Spring Term, 1913, of WlLKES.

Civil action. From a judgment of nonsuit, tbe plaintiff appealed.

Finley & Hendren for plaintiff.

No counsel for defendant.

Brown, J.

Tbe plaintiff alleges tbat be entered into a valid contract witb tbe defendant by 'which tbe defendant contracted to sell tbe plaintiff a certain tract of land; tbe defendant refused to perform bis contract, and plaintiff seeks to recover damages for its breach. Tbe alleged contract is contained in certain letters, as follows:

> Me J D Hall Blueeield, W. Ya., 7 January, 1909.

> Halls Mills, N. G.

> My deae Sie : — I am just in receipt of your letter, inquiring for casb price on tbe Calloway farm. I will -take fifteen hundred dollars ($1,500) casb for it.

> I am offered $1,600, witb $700 casb and tbe other in payments. Let me bear from you at once if you want tbe place.

> Yours very truly,

> H. O. JONES.

> *200Halls Mills, N. 0., 11 January, 1909.

> Dr. COMMODORE JoNES,

> Blue field, W..Va.

> Dear Sir: — I accept your offer of $1,500 for tbe Calloway farm, and inclose you $1 to bind tbe trade.

> I will have tbe deed fixed up witbin fifteen or twenty "day's and mail to you; then yóu can sign tbe deed and send it to tbe Deposit and Savings Bank, at North "Wilkesboro, N. O., witb instructions to deliver to me upbn tbe payment of $1,500; or,. if you prefer, I will come to Bluefield, wbicb would add to my cost.

> So if tbis is satisfactory, let me know, and acknowledge receipt of tbe $1. Yours very truly,

> J. D. Hall.

There is some further correspondence between tbe parties subsequent to tbe above, wbicb it is unnecessary to set out. If there was a valid contract between tbe parties, it is contained in tbe above letters.

We agree witb bis Honor that there was no proper acceptance of the’defendant’s offer. It is familiar learning that to make a valid sale, tbe acceptance must be in tbe terms of tbe offer. 7 Am. and Eng., 125. No especial formalities are required, but tbe offer and acceptance must agree. The buyer has no right to attach any conditions, if be purposes to bold tbe seller upon tbe original offer. Tanning Co. v. Telegraph Co., 143 N. C., 376.

Tbe defendant offered to sell for cash. Tbis required tbe . buyer to pay at tbe seller’s residence. It was tbe seller’s right and duty then to prepare and deliver tbe deed at that place.

Tbis case is very much like Sawyer v. Brossart, 56 Am. Rep., 372, in wbicb a resident of California at Los Angeles addressed a letter to tbe plaintiff at bis residence in Iowa, offering to sell him certain land at a certain price. Tbe plaintiff telegraphed that be would take tbe property at tbe price, but added: “Money at your order at tbe First National Bank here.”

*201Tbe Supreme Court of Iowa beld tbat it was not an acceptance; tbat defendant’s offer entitled bim to bave tbe money paid to bim at Los Angeles, bis residence, and to deliver tbe deed there. See, also, Northwestern Iron Co. v. Meade, 21 Wis., 474; Baker v. Holt, 56 Wis., 100; 1 Parsons on Contracts (6th Ed.), 475.

Affirmed.