Citation. 22 Ill.248 N.Y. 86, 161 N.E. 428 (1928)
Brief Fact Summary. Plaintiff, the executrix of Petterson’s estate, is seeking $780 in damages from Defendant, Pattberg. Petterson came to Defendant’s home, having met the other conditions, to pay off the remaining principal minus $780 pursuant to the Defendant’s offer. Defendant refused to accept the money and informed Petterson that the bond and mortgage had been sold to a third party.
Synopsis of Rule of Law. A unilateral contract may be revoked at any time prior to the performance of the requested action.
Facts. Defendant was the owner of a bond executed by Petterson and secured by a third mortgage on a parcel of real estate owned by Petterson. On April 4, 1924, the amount of unpaid principal was $5,450. Defendant told Petterson that if he paid the April installment on time and paid the remaining principal in cash at any time before the end of May, Defendant would deduct $780 from the amount owed.
Petterson paid the April installment on time. In late May, Petterson came to Defendant’s home and indicated that he was there to pay the remaining principal. Defendant refused to accept the money and told Petterson that he had sold the bond and mortgage to a third party. As a result, Petterson was required to pay the full amount of the remaining principal.
Issue. Did Defendant revoke the offer prior to acceptance?