In Bruggeman v. Sokol (1954) 122 Cal. App. 2d 876, no pre-existing contract for sale existed between the parties. The parties assumed that they would be able to submit matching escrow instructions, and that those matching escrow instructions would constitute offer and acceptance and establish the terms of the sale. Because the parties were unable to do so, no contract was formed. (Id. at pp. 881-884.)