Hyde v Wrench (1840)

 

On 6 June Wrench offered to sell his farm to Hyde for £1000. Hyde offered to give Wrench £950 for the purchase of the farm, but Wrench wished to have a few days to consider. On 27 June Wrench wrote to Hyde stating he was sorry he could not feel disposed to accept his offer at present. On 29 June Hyde wrote to Wrench "I beg to acknowledge the receipt of your letter of the 27th instant, informing me that you are not disposed to accept the sum of £950 for your farm at Luddenham. This being the case I at once agree to the terms on which you offered the farm, viz, £1000... by your letter of the 6th instant. I shall be obliged by your instructing your solicitor to communicate with me without delay...'

 

The issue before the court was whether there was a concluded contract between Hyde and Wrench.

 

Q  When Hyde wrote to Wrench saying that since '' you are not disposed to accept the sum of £950 for your farm at Luddenham, I at once agree to the terms on which you offered the farm, viz, £1000...' his letter amounted to

 

An acceptance.

An offer.

Nothing.