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Dickinson v. Dodds - Issue Whether there was a contract...

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Dickinson v. Dodds L.R. 2 Ch. D 463 (1876) Fact: Operative Facts: The defendant was trying to sell his property, and so he wrote a memo to Plaintiff Dickinson “I hereby agree to sell to Mr. George Dickinson the whole of the dwelling – house, garden ground, stabling, and outbuildings thereto belonging, situate at Croft, belonging to me, for the sum of 800. As witness my hand this tenth day of June, 1874. [signed] John Dodds. P.S. – This offer to be left over until Friday, 9 o’clock, A.M. J. D. (the twelfth), 12 th June, 1874. [Signed] J. Dodds” Dodds then, a day or so later accepted or went into contract with Thomas Allan. He took a deposit from Allan of 40, and agreed to sell it to Allan for 800. Dickinson learned about this act, originally through another person, Mr. Berry. Then Dickinson went to Dodd’s mother-in-law and gave her a signed formal acceptance. This acceptance never reached Dodds.
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Unformatted text preview: Issue: Whether there was a contract between Dodds and Dickinson Rule: Offeree’s power of acceptance is terminated when the offeror takes definite action inconsistent with an intention to enter into the proposed contract and the offerree acquires reliable information to that effect. Offeror takes an action inconsistent with going forward with the contract Offereee acquired reliable information. Rational: The letter was just a offer to sell. It was not, itself a contract. This is because of the “I hereby agree to sell” and the P.S. on the bottom, stating the time limitation. Until both parties have concluded to an agreement, there was not contract made. Also, there was no consideration. Holding: There was no contract. No meeting of the minds. Synthesis: Dissent/Concurrences: Notes: nudum pactum: Naked promise...
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