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Byrne v Van Tienhoven [1880]
When is an offer formally evoked?
Van Tienhoven & Co sent a letter by post from its office in Wales to Byrne & Co in the US. It offered 1,000 boxes of tinplates for sale on 1 October. Due to the distance, the communication was not received until 11 October. Byrne & Co sent a telegraph on 11 October to accept the offer. However, Van Tienhoven sent a letter on 8 October withdrawing its offer as the price of tinplate had risen by 25 per cent. The court held the offer was not withdrawn until communicated.
The judge...