Suppose my colleague offers to sell me his car for $5,000. I say I will accept it provided he fixes the AC. He then takes the $5,000 and delivers the car to me. Our agreement was oral, not in writing.
The next day, I find that the AC is still broken. I then protest, stating that my acceptance was conditioned on his fixing the AC. He says he never accepted this condition. Can I argue that he implicitly accepted my condition by silence? If so, will a court find that fixing the AC is a legally-enforceable condition?
The defendant does not deny that I said that my acceptance was conditioned on fixing the AC, but he denies accepting the condition. He said something to the point of “Okay, $5,000 it is,” but never said anything about fixing the AC.