Legal Case Summary
Routledge v Grant (1828) 4 Bing 653
FORMATION OF CONTRACT – OFFER OF SALE
Facts
The defendant contacted the claimant in writing, offering to purchase the lease of the claimant’s home. The offer stated that it would remain open to the claimant for a period of six weeks. The offer required possession on or before 25 July. On 6 April, the claimant purported to accept but proposed giving possession on 1 August. The defendant then withdrew his offer. On 29 April, still within the six weeks, the claimant wrote agreeing to give possession on 25 July.
Issues
The issue was whether the defendant was contractually bound by his original letter to keep the offer open for six weeks, and by extension whether he was therefore bound by the claimant’s purported acceptance within that period. There was also a question whether the claimant’s evidence of his leasehold interest matched the interest alleged in his claim.
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Decision/Outcome
Best CJ held that the original letter did not bind the defendant to keep the offer open for a full six weeks, and as such it had been validly withdrawn by the defendant, and the claimant’s purported acceptance was ineffective. The claimant’s earlier reply changing the possession date had not accepted the offer on its terms. Best CJ explained that:
“till both parties are agreed, either has a right to be off.”
The court also held that there was a material difference between the leasehold interest alleged in the claim and the interest proved. The claimant initially had only a twelve-year term and had not proved a written contract for the longer lease alleged. This was an independent ground for refusing to set aside the nonsuit. Burrough J agreed on that ground; Gaselee J did so too, while reserving his opinion on the withdrawal point. The application to set aside the nonsuit was refused.
