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Unformatted text preview: going back to the original terms, then there is a binding contract, because it was accepted. If it was just a rejection, then there is no contract. Holding: Court held that it was considered a counter offer going back to the original terms because it clearly refers to the first one. Synthesis: Hyde v. Wrench (1840) defendant offered to sell $1000. Plaintiff stated that hell pay $950. By doing that he rejected the offer previously made by the defendant. He cant revive the proposal of the Defendant by tendering an acceptance to it. Stevenson v. McLean (1880) Held that, the letter was not a new proposal but a mere inquiry, which should have been answered and not treated as a rejection. But the judge said that if it had contained an offer it would have been a counter offer. Dissent/Concurrences:...
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This note was uploaded on 12/20/2011 for the course CONTRACTS 111 taught by Professor Dellinger during the Fall '11 term at Western State Colorado University .
- Fall '11