Dickinson v Dodds

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Dickinson v Dodds
Court Court of Chancery
Citation 2 Ch. D. 463 (1876)
Date decided 1876
Appealed from Property

Facts

This case was litigated in England.

Case in 1 sentence: the early bird catch the worm

On Wednesday, June 10th 1874, John Dodds ("Dodds") offered in writing to sell a residential estate to George Dickinson ("Dickinson"). The written offer would remain open until 9 am, Friday.


Allen & Dodds singed the real estate contract on Thursday, June 11th 1874.

Procedural History

  • Dickinson = plaintiff = buyer1
  • Allen = buyer2 = defendant
  • Dodds = defendant = property seller


Dickinson sued Dodds & Allen.

Dickinson won in the trial court because Dickinson delivered his acceptance before the 9 am, Friday, June 12th 1874 deadline.

Issues

1. Can an offerree (Dickinson) enforce an offeror's (Dodds) promise to hold an offer open for a definite time?

2. Can such an offer be revoked without an express statement?

Holding

Lord Justice James: A promise to hold an offer open is not enforceable without consideration, & can be implied revoked by the offeror's conduct.

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