Hyde v Wrench (1840) 49 ER 132 Chancery Division (Decided by Lord Langdale MR)

The defendant offered to sell a farm to the claimant for £1,000. The claimant in reply offered £950 which the defendant refused. The claimant then sought to accept the original offer of £1,000. The defendant refused to sell to the claimant and the claimant brought an action for specific performance.

Held:

There was no contract. Where a counter offer is made this destroys the original offer so that it is no longer open to the offeree to accept.

Back to lecture outline on offer and acceptance in Contract Law