Hyde v Wrench
(1840) Beav 334
Facts
D offered to sell land to P for $1,200. That offer was rejected. D then offered to sell the land to P for $1,000. P responded by offering to buy the land for $950. D refused to sell at that price whereupon D said he would pay $1,000 for the land. D refused to sell. Was there a contract?
Held
No - P's offer to buy for $950 constitued a counter offer; effectively a rejection of the original offer and a new offer. Once rejected, an offer cannot be revived by subsequent acceptance.
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