Story Case

Pat O'Keefe decided to sell the piano that he had purchased for his little daughter, and inserted the following offer of sale in the daily paper:

"I will sell my Jones upright piano for $175.

Pat O'Keefe".

His wife saw the advertisement and, after talking the matter over with her, he decided not to sell. He at once phoned the office of the paper to withdraw the notice, and to insert another one to the effect that the offer was withdrawn. This was done, and for three days, the notice of withdrawal was run in the paper.

Mr.Dugan, who did not subscribe for the paper, chanced to see the offer of sale, although he did not see the notice of withdrawal. On the second day after the notice of withdrawal had been inserted, he saw Pat on the street and said that he accepted the offer. Pat informed him that the offer had been revoked. Dugan replied that he had not seen the notice and would hold Pat to his offer.

Dugan immediately started suit against O'Keefe. Was his case a good one?

Ruling Court Case

Eskridge Vs. Glover, Tennessee Reports, Eskridge, The Plaintiff In This Case, Was Making A Horseback Journey To Tennessee. His Horse Became sick and he stopped at the home of Glover, the defendant. After some negotiations, Glover offered to give a horse, which he owned, and fifty dollars in addition, for Eskridge's horse, provided Eskridge was willing to accept, after having ridden the horse ten miles. Eskridge agreed to take the horse and give him a trial; if he liked him at the end of the ten miles, he would keep him; if he did not like the horse he was to return him. He had gone only two or three miles when Glover pursued and overtook him, and demanded the return of his horse, because the horse left with him was dying. Eskridge returned the horse, but claimed that Glover had broken his contract. Thereafter, he sued for damages.

Glover contended that he was not liable because no contract existed between them; he argued that he revoked the offer before it was accepted by Eskridge and, therefore, no contract could result.

Decision

An offer is the mere expression on the part of the offeror to contract; unless this offer is under seal, or supported by a consideration, it may be withdrawn by the offeror at any time before it is accepted. In this case, Glover made an offer, and agreed that it should continue open until Eskridge had ridden the horse ten miles. Before he had ridden the distance, and before he had accepted, Glover overtook him and withdrew his offer. Thereafter, there was nothing for Eskridge to accept, and no contract could be made between the parties.

Therefore, judgment was given for Glover, the defendant.

Ruling Law. Story Case Answer

The revocation of the offer must be communicated to the person to whom it was made. An offer made directly to a person can be revoked only by notice to that person of its revocation. An offer made to the public, as in a newspaper, or by a public notice, may be revoked in the same manner. In the Story Case, the offer was sufficiently revoked by the notice of withdrawal in the paper in which the offer had been published. Therefore, Dugan has no case against 0 'Keefe.