Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
360-366
Procedural History: Trail court found for Plaintiff, and entered a verdict for
specific performance. Defendants appealed.
Issue: Did Dodds have the power to revoke the offer in the manner he did? - Yes.
Reasoning: Dodds by selling to someone other than Dickinson clearly showed his
intention to revoke his offer to Dickinson. The communication of this revocation
was effected by someone other than Dodds to Dickinson. Since Dickinson knew of
Dodds intention to withdraw his offer (by selling to someone else), before
Dickinson communicated his acceptance, then there was no binding contract created.
Dodds had the power to revoke his offer, until notified of acceptance.
Restatement (2nd) § 43: "An offeree's power of acceptance is terminated when the
offeror takes a definite action inconsistent with an intention to enter into the
proposed contract and the offeree acquires reliable information to that effect."
Notes
Court believed Berry was a reliable source (Dickinson's agent)
Offer was communicated in an indirect way, where in fact, the property has been
sold.
Offeree is aware.
No acceptance is communicated. Until this is done, the offeror can revoke (there
is no deal yet).
• Notes (2) (pg. 364) - may not be fair because they may not have received the
revocation before they acted in reliance on the contract