Case Summary - Dickinson v Dodds (1876) CA
Because there was no consideration, the pledge to keep an offer open was not binding; notice of withdrawal of an offer could come from a third party. Facts The defendant made a written offer to the plaintiff to sell specific land for £800, with the stipulation that 'this offer be left over until Friday 9.00 am, 12 June 1874.' Both parties felt the defendant was bound by the postscript. The plaintiff decided to accept the offer on June 11th morning. A third party informed the plaintiff that the defendant had been 'offering or agreeing' to sell the property to one Thomas Allan that afternoon. On June 11th, the defendant had signed a contract of sale with Allan. The plaintiff attempted to contact the defendant that evening and was successful in telling the defendant of his acceptance of the offer at 7 a.m. on June 12th. Decision The plaintiff and defendant did not have a contract, according to the Court of Appeal. (I) Because the defendant's pledge to keep the offer open until June 12 was made without consideration, it was not enforceable. (II) It is too late for an offeree to accept an offer after he learns that it has been withdrawn (see James LJ) or that the property has been sold (per Mellish LJ). Dickinson v Dodds (1876) CA: Because there was no consideration, the pledge to keep an offer open was not binding; notice of withdrawal of an offer could come from a third party. Facts The defendant made a written offer to the plaintiff to sell specific land for £800, with the stipulation that 'this offer be left over until Friday 9.00 am, 12 June 1874.' Both parties felt the defendant was bound by the postscript. The plaintiff decided to accept the offer on June 11th morning. A third party informed the plaintiff that the defendant had been 'offering or agreeing' to sell the property to one Thomas Allan that afternoon. On June 11th, the defendant had signed a contract of sale with Allan. The plaintiff attempted to contact the defendant that evening and was successful in telling the defendant of his acceptance of the offer at 7 a.m. on June 12th. Decision The plaintiff and defendant did not have a contract, according to the Court of Appeal. (I) Because the defendant's pledge to keep the offer open until June 12 was made without consideration, it was not enforceable. (II) It is too late for an offeree to accept an offer after he learns that it has been withdrawn (see James LJ) or that the property has been sold (per Mellish LJ).
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