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DICKINSON V. DODDS 1876 Powered By Docstoc
					CONTRACTS DICKINSON V. DODDS 1876 History: Dickinson sued for specific performance or damages; trial court found for Dickinson; Dodds appeals Facts: Dodds (defendant) offered to sell property to Dickinson (plaintiff), indicating that the offer was to remain open until 9am on June 12; on June 11, Dickinson made up his mind to buy the property; in the afternoon, he was informed by a third party that Dodds had offered or agreed to sell the property to another person; in the evning, Dickinson delivered his acceptance to Dodds’ mother-in-law and Dodds got it 7am on June 12; Dodds refused acceptance b/c he had already sold the property on June 11 Issue: Whether if an offeror says he will hold his offer to sell open for a given time period, may he sell the property to a third party prior to the expiration of the specified time period. Holding: Yes—judgment reversed Analysis: Although Dodds originally agreed to keep his offer until June 12, he could revoke the offer at any time prior to acceptance by Dickinson Before accepting Dodds offer, Dicksinon learned Dodds was going to sell to another person, this is a sufficient communication of Dodds retraction of the offer