Warren A. Ott, and Mortgage Services of Norfolk, Inc., a Corporation v. Home Savings & Loan Association, a Corporation

This action involves the construction of an instrument wholly in writing. The trial court in effect held that an offer in writing by Home Savings & Loan Association, hereinafter called “Home,” to purchase from Harold L. Shaw or his nominee up to seven and one-half million dollars worth of permanent real estate loans could not be accepted by a stranger not purporting to act as a representative of Harold L. Shaw, but as his assignee. The decision of the trial court is correct and is affirmed.

The pertinent documents, which were exhibits to the amended complaint, are as follows:

The amended complaint alleges that Ott and Mortgage Services had fully performed all the terms and conditions of the “agreement in writing” and “have been and were ready, able and willing” at all times mentioned to perform. It was set up that Home refused to purchase the real estate loans described and continued the refusal at all times since December 20, 1956. It was also alleged that Ott and Mortgage Services notified Home of the alleged nomination and assignment on or about December 5, 1956, and between that date and January 8, 1957, Home recognized, acknowledged and dealt with Ott and Mortgage Services…