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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.
Wednesday, June 10th 1874
Dodds offers to sell property with a 9 am Friday deadline
Dickinson returns written acceptance to Dodds while Dodds is out of home
Thursday afternoon, June 11th 1874
Thursday, June 11th 1874
Dodds & Allen finish property sale
Dickinson's agent hands duplicate written acceptance to Dodds
7 am Friday, June 12th 1874
About 8 am Friday, June 12th 1874
Dickinson delivers a 3rd duplicate acceptance to Dodds before the 9 am deadline
Dodds explains to Dickinson that Allen had bought the property yesterday
About 8 am Friday, June 12th 1874
Procedural History
- Dickinson = plaintiff = buyer1
- Allen = buyer2 = defendant
- Dodds = defendant = property seller
Dickinson sued Dodds & Allen.
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.
