Livingstone v. Evans
Supreme Court of Alberta
4 D.L.R. 769 (1925)
Relevant factsFree
T.J. Evans (defendant) offered to sell land to Livingstone (plaintiff) for $1,800; Livingstone countered with 'Send lowest cash price. Will give $1600 cash,' and Evans replied simply, 'Cannot reduce price.' Livingstone then wrote back accepting, but by that time Evans had already contracted to sell the land to a third party. Livingstone sued for specific performance.
IssueFree
Whether a seller's response to a buyer's counter-offer, stating that the price cannot be reduced, renews the seller's original offer.