Polk listed property to sell with a real estate agent. Avo

Polk listed property to sell with a real estate agent. Avon made an offer and the two parties went back and forth on terms. When Polk re- jected an offer from Avon Avon then accepted an earlier offer from Polk and gave a $25000 deposit check to cinch the deal. Polk refused to sell. Avon sued claiming there was a con- tract or at a minimum an option contract formed by the deposit check. Is there a con- tract?