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Dickinson v Dodds
| 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.
