Earp v. Nobmann

In Earp v. Nobmann (1981) 122 Cal. App. 3d 270, a real estate broker asked a corporation's president and sole shareholder (Nobmann) if the corporation would be interested in selling a ranch it owned. Nobmann said yes, if the price were right. (Id. at pp. 277-278.) The broker showed the ranch to a prospective buyer who made an offer but wanted to pay part of the purchase price by assignment of unsecured promissory notes. (Id. at p. 278.) Nobmann signed the offer but with the condition that he needed to get the approval of his controller. (Ibid.) The broker told the buyer that Nobmann had accepted the offer but had until the following morning to withdraw. (Ibid .) On the following morning, Nobmann conveyed his withdrawal to the broker. (Id. at p. 279.) Nevertheless, the broker opened escrow and told the buyer they had the "green light" to proceed. (Ibid.)