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

Evans (D) offered to sell land through his agent in a writing to Livingstone (P) for $1,800. P did not like the price and wired back an offer of $1,600 or send the lowest cash price. The agent replied that he could not reduce the price, P then immediately sent a telegram accepting the first offer. In the interim, D had entered into a contract to sell the property to another. P sued D.

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