Gibbs

James and Barbara Gibbs appeal from judgment against them and in favor of American Savings & Loan Association (American Savings) in their action to enforce a purported contract for the sale of real property. We affirm.

Facts

In August 1984, James and Barbara Gibbs (the Gibbses) submitted an offer for $180,000 to American Savings to purchase a house in Woodland Hills which American Savings had taken back through foreclosure. American Savings, through its employee, Dorothy Folkman, agreed that the Gibbs could move into the subject property and rent it until the close of escrow. No action was taken on this offer.

On March 27, 1985, pursuant to a request by Ms. Folkman, the Gibbs submitted a new offer because American Savings could not find their original offer. The purchase price was again $180,000. On the morning of June 6, 1985, the Gibbses received a counteroffer from American Savings containing several additional terms and conditions, but with no mention of purchase price. According to Barbara Gibbs, she immediately drove to her husband’s jobsite where she and her husband signed this counteroffer. She drove to her office, typed an envelope with a certified mail tag,…