This section contains the nature of the case and procedural background.

The owner of property (D) gave the right of refusal to buy that property to (P). That offer was in writing and made good for 14 days from July 7th, 1891. P took the offer and posted a letter on July 8th at 3:50 p.m. accepting the offer. The acceptance was not received until late that day after office hours. However, on the same day D canceled his offer by post between 12 and 1 p.m. and delivered to P at 5:30 p.m. D then sold the property to Miller for more money. P sued for specific performance and lost and appealed.

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