Case Summary - Grant vs. Routledge (1828) CCP
Grant vs. Routledge (1828) CCP: An open offer may be withdrawn before its expiration date if it has not been accepted. Facts The defendant offered to buy a lease from the plaintiff on specified terms in writing on March 18, 1825, adding, "a firm answer to be delivered within six weeks from the 18 March 1825." (The six-week period ended on May 1st.) On April 9, the defendant withdrew his offer, and the plaintiff attempted to accept it on April 29. Decision It was held that there was no binding contract. Per Best CJ: ‘… if six weeks are given on one side to accept the offer, the other has six weeks to put an end to it … Till both parties are agreed, either has a right to be off … As the defendant repudiated the contract on the 9 of April, before the expiration of the six weeks, he had a right to say that the plaintiff should not enforce it afterwards.’
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