Hyde v. Wrench Hyde v. Wrench (the counter-offer case)
(1840) 3 Beav 334; 49 ER 132 · Rolls Court, Court of Chancery (England) · 1840
PrincipleA counter-offer rejects the original offer, which cannot afterwards be accepted.
Facts
Wrench offered to sell his farm at Luddenham to Hyde for 1,000 pounds. Hyde replied offering 950 pounds. Wrench took time to consider and then refused. Hyde then wrote purporting to accept the original offer of 1,000 pounds. Wrench declined to sell, and Hyde sued for specific performance.
Held
Lord Langdale MR dismissed the bill. Hyde had not unconditionally accepted the offer; instead he had made an offer of his own, which Wrench was entitled to refuse. By making that counter-proposal Hyde rejected the offer of 1,000 pounds, and he could not afterwards revive it by tendering an acceptance. There was no contract.
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