A disagreement arose between the parties and eventually Behee mailed a written offer of $42,500 for the real estate and $250 for a dinner bell and flower pots. Smith signed the agreement but Behee notified an agent of Smith that he had withdrawn the offer before he received notice of the acceptance. Hendricks brought an interpleader action against Behee and Smith and Behee filed a cross claim against Smith. The court awarded $997.50 to Hendricks and the balance to Behee. Smith appealed.
In the case of Stevenson Jaques & Co v McLean (1880) states that A "mere inquiry" not a counter-offer. Traders wanted to sell some iron and indicated the price they were looking for. The plaintiffs, being brokers, would only buy once they had lined up a buyer to take from them. Early one morning, before trading on the market began, they rang the traders to find out what flexibility there might be to negotiate before getting in touch with potential buyers. The market was unstable and the plaintiff wanted to know the negotiating range. "please wire whether you would accept 40 for delivery over 2 months, if not, longest time