Hyde v Wrench (1840) 49 ER 132 Chancery Division (Decided by Lord Langdale MR)
The defendant offered to sell a farm to the claimant for £1,000. The claimant in reply offered £950 which the defendant refused. The claimant then sought to accept the original offer of £1,000. The defendant refused to sell to the claimant and the claimant brought an action for specific performance.
Held:
There was no contract. Where a counter offer is made this destroys the original offer so that it is no longer open to the offeree to accept.