Dickinson v Dodds: Difference between revisions
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Allen & Dodds signed the real estate contract on Thursday, June 11th 1874. | Allen & Dodds signed the real estate contract on Thursday, June 11th 1874. | ||
{{Timeline|1=Dodds offers to sell property with a 9 am Friday deadline|2=Wednesday, June 10th 1874| | {{Timeline|1=Dodds offers to sell property with a 9 am Friday deadline|2=Wednesday, June 10th 1874|4=Dickinson returns written acceptance to Dodds while Dodds is out of home|3=Thursday afternoon, June 11th 1874|5=Dodds & Allen finish property sale|6=Thursday, June 11th 1874|8=Dickinson's agent hands duplicate written acceptance to Dodds|7=7 am Friday, June 12th 1874|9=Dickinson delivers a 3rd duplicate acceptance to Dodds before the 9 am deadline|10=About 8 am Friday, June 12th 1874|12=Dodds explains to Dickinson that Allen had bought the property yesterday|11=About 8 am Friday, June 12th 1874}} | ||
|procedural_history=*Dickinson = plaintiff = buyer1 | |procedural_history=*Dickinson = plaintiff = buyer1 | ||
*Allen = buyer2 = defendant | *Allen = buyer2 = defendant |
Latest revision as of 04:20, December 16, 2023
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 signed 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.
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
Judgment
Reasons
Lord Justice James: The timeframe to sell was part of the general offer, & therefore, not binding unless validly accepted.
Dickinson hadn't offered Dodds anything to hold the offer open. In other words, Dickinson had not given any consideration (anything of value).Rule
"A meeting of the minds": A moment in time, preceding the contract, during which the 2 parties' minds are in agreement.
In this case, a meeting of the minds of Dickinson & Dodds didn't occur before the sale of the property from Dodds to Allen.
As of 2024, option contracts ( https://www.law.cornell.edu/wex/option_contract ) in the United States are available yet require consideration.