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Supreme Court Of Judicature. LA4W SEP2OAT. z07 ovrsJatscune AaXZ, llxrzx , and kQZL. bIxf(OZ90 V. DODD9. This wes anapral from a decision of Vige.Ohanoollor sell, which Is to stand over Toer fccptanee tml a future, tie _i inig on the proposesr during the intorva.Th 2N"1defntan John Dodd; a aergeant in the Guards, becsmo entitledl to certain houae lproperty at Croft, near Daring- ton. In June 1874, he was at C'roft for a few daLys on leave and whilo thoro troatedl -with the p1aintiff, Mr. Georgo Dickinson, of Darlington , for tbo salo of tho pro. miiscs, which ho offered for VW-. Mfr. Dickinson required timei to think over it, and droew a ssiomorandum in tho form of an agreemeont for sale of the promiscs to himself by Dodds for ?800; which D odas then signed.' Thi ws o. onlWedniesday, the 10th of Juno. Below the sign4ftdro of Dodds wasq written thi pstscript s-" This offer to be left over until Friday, 9 o'clock a.m. (the twelfth) 12th Juno,, 1874 ;", and tho postscript also signed by Do'da. On tho next day, however, Dodds agreed to seol tlie property to a Mr. Thomas Allani, at the same price. Boforo 9 o'clock en the FridaLy Mtr. Dickinson siaw Dodds at theo railway station and gave him a writtea acceptance of the offer, which Dodas refused, saying that it was too late, as ho had sold the property. It appeared that l%fr. Dickinson had. on the Xhursday left a. writton Acceptance for Dodds with a, ?,frs. Burgoss, with whom heowas lodig, but that beforo that timo ho had heard by report that Dodds had been in treaty with or sold the property to Mr. Allan. Air. Dickin- son tied the bill for spocillo performnance and made Air. Allan a party. The defendants claiissed that the contract to keep the offer oponwas foundeda on 'no considertion, and was a' mere nudsws 2xctuyn, and could not ho enforeod;- and that at no time Was thiero a binding conitract between]'. the plaintiff and the defendant Dodds for the sale of the property to the former. ~The Vieo-(Ihandollor dorercd spocific performance. Theodefendant appealed. Air. Swanston, Q.C. (with whom was Air. crosaloy, was beard for the defendanit Dodds ; Sir Jr Jaksn QO (with whomi was ir. Gnadar) w'as lbeard for the' defendant Allan ; Mr. Hay, Q, C., ana 3Mr. Calderott, on bobalf of the plaintiff, supported the decero.of the Vico.Chancollor. Theif LoxcDsmpg heldl that *bobmomorandum, of the 10th Of June tamounted to nxo more than an eff or which Dodd, Was aLt liberty to retract at any time before it bad beeni acceptea by the plaintiff. it was found that hoforo the plainitiff hlad accepted the offer ho'hnov that Dodd, had changed his mind and had sold the prsporty to Allan, and it was then too late for him to accetCo nsqety hr neve wa a indng contract between theo pIlaintiff and Dodds,as they were niever ad idt~n& at the same timo. The bill must be dismisseod, with costs, and theo plaintiff must pay the costs of'tho appeal. SUPIXEM aOTuT oF JDIoAgIPTMr aOOT OR APPgAt. LraoZ.Xg.nW. Atkm II'
