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    HYDE V WRENCH (1840) 3 Beav-1

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    Karen Mals
    1) The defendant offered to sell his farm to the plaintiff for £1000, deposited in the bank until the transaction was completed. 2) The plaintiff countered with an offer of £950. The defendant did not accept and asked for time to consider. 3) When the defendant ultimately declined the £950 offer, the plaintiff tried to accept the original £1000 offer. However, the court found that by making a counteroffer, the plaintiff had rejected the original £1000 offer, so there was no valid contract between the parties.

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    HYDE V WRENCH (1840) 3 Beav-1

    Uploaded by

    Karen Mals
    422 views2 pages
    1) The defendant offered to sell his farm to the plaintiff for £1000, deposited in the bank until the transaction was completed. 2) The plaintiff countered with an offer of £950. The defendant did not accept and asked for time to consider. 3) When the defendant ultimately declined the £950 offer, the plaintiff tried to accept the original £1000 offer. However, the court found that by making a counteroffer, the plaintiff had rejected the original £1000 offer, so there was no valid contract between the parties.

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    HYDE v WRENCH (1840) 3 Beav-1

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    1) The defendant offered to sell his farm to the plaintiff for £1000, deposited in the bank until the transaction was completed. 2) The plaintiff countered with an offer of £950. The defendant did not accept and asked for time to consider. 3) When the defendant ultimately declined the £950 offer, the plaintiff tried to accept the original £1000 offer. However, the court found that by making a counteroffer, the plaintiff had rejected the original £1000 offer, so there was no valid contract between the parties.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    422 views2 pages

    HYDE V WRENCH (1840) 3 Beav-1

    Uploaded by

    Karen Mals
    1) The defendant offered to sell his farm to the plaintiff for £1000, deposited in the bank until the transaction was completed. 2) The plaintiff countered with an offer of £950. The defendant did not accept and asked for time to consider. 3) When the defendant ultimately declined the £950 offer, the plaintiff tried to accept the original £1000 offer. However, the court found that by making a counteroffer, the plaintiff had rejected the original £1000 offer, so there was no valid contract between the parties.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 2

    HYDE v WRENCH (1840) 3 Beav.

    344

    The defendant being desirous of disposing of an estate, offered, by his


    agent, to sell it to the Plaintiff for £1900, which the Plaintiff, by his agent,
    declined; and on the 6th of June the defendant wrote to his agent as
    follows:

    ‘I have to notice the refusal of your friend to give me £1200 for my


    farms, I will only make one more offer, which I shall not alter from; that
    is, £1000 lodged in the bank until Michaelmas, when the title shall be
    made clear of expenses, land tax, &c. I expect a reply by return, as I have
    another application.’

    This letter was forwarded to the Plaintiffs agent, who immediately called
    on the defendant; and, previously to accepting the offer, offered to give
    the defendant £950 for the purchase of the farm, but the Defendant
    wished to have a few days to consider.

    On the 11th of July the Defendant wrote to the Plaintiff's agent as


    follows:

    ‘I have written to my tenant for an answer to certain enquiries, and, the


    instant I receive his reply, will communicate with you, and endeavour to
    conclude the prospective purchase of my farms I assure you I am not
    treating with any other person about said purchase.’

    The defendant afterwards promised he would give an answer about


    accepting the £950 for the purchase on the 26th of June; and on the 27th
    he wrote to the Plaintiff’s agent, stating he was sorry he could not feel
    disposed to accept his offer for his farm at Luddenham at present. This
    letter being received on the 29th of June, the Plaintiff’s agent on that day
    wrote to the defendant as follows:

    ‘I beg to acknowledge the receipt of your letter of the 27th instant,


    informing me that you are not disposed to accept the sum of £950 for
    your farm at Luddenham this being the case, I at once agree to the terms
    on which you offered the farm, viz., £1000 through your tenant Mr. Kent,
    by your letter of the 6th instant. I shall be obliged by your instructing
    your solicitor to communicate with me without delay, as to the title, for
    the reason which I mentioned to you.’

    LORD LANGDALE MR:

    … I think there exists no valid binding contract between the parties for
    the purchase of the property. The defendant offered to sell it for £1000,
    and if that had been at once unconditionally accepted, there would
    undoubtedly have been a perfect binding contract; instead of that, the
    Plaintiff made an offer of his own, to purchase the property for £950, and
    he thereby rejected the offer previously made by the Defendant. I think
    that it was not afterwards competent for him to revive the proposal of the
    Defendant, by tendering an acceptance of it; and that, therefore, there
    exists no obligation of any sort between the parties …

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