F: defendant gave written offer to plaintiff to sell a house. Offer made on 10 june and was “to be left open until 12 June”. On 11 June, the def sold the house to someone else, the same evening a 4th party acting for the plaintiff, told the plaintiff of the sale. On the morning of 12 June, the plaintiff hands the defendant a formal letter of acceptance. Plaintiff then claims specific performance of the agreement.
Issue: is the promise to keep the offer open a nudum pactum?
Rule: nudum pactum: without consideration and could be withdrawn at any time by the offeror before this deadline
- No. An open offer to sell terminates when the offeree learns that the offeror has already agreed to sell to someone else.
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