REVOCATION.

1. May 1, De Leon sent Cevallos a signed letter offering to sell his house and the adjoining apple orchard for $500,000. In the letter, De Leon indicated that the offer to Cevallos would remain open for 30-days. May 14, Cevallos, after thinking about the offer for a few days, wrote De Leon a letter accepting his offer. The next day, before the letter from Cevallos arrived, De Leon phoned Cevallos and said that the property would be sold to someone else who offered $320,000. Cevallos sued De Leon for breach of contract.

QUESTION: Was a valid contract created between Cevallos and De Leon? Explain. In your answer, you should be sure to consider when an acceptance through the mail becomes effective and whether De Leon's phone call was an effective revocation.

COUNTEROFFER. 2. August 1, Professor Hodgkin, seeking a teaching assistant, posted the following notice in the Fiterman Building at BMCC, "to the sophomore English majors of BMCC, I am seeking a teaching assistant to help with my dissertation research. I will pay $10 per hour. This offer expires August 20." The notice also included Professor Hodgkin's name, address, and signature. Devin, a BMCC sophomore English major, and Evans, an adjunct professor teaching an introduction to English course, read the notice and became interested.

Devin wrote a letter to Professor Hodgkin on August 15 , commenting that $10 per hour was not a living wage and saying he would accept the offer if Professor Hodgkin would pay $25 per hour. Professor Hodgkin received the letter on August 18and, after she finished laughing uncontrollably, wrote to Devin saying she absolutely would not be willing to pay $25 per hour. Devin received Professor Hodgkin's letter on August 21 and that same day, promptly wrote to her indicating that he would accept the offer to assist the Professor with research for $10.

Evans wrote to Professor Hodgkin on August 17, saying he accepted Hodgkin's offer.

By August 19, Professor Hodgkin decided to hire a highly recommended grad student from Brooklyn, College. Devin and Evan sued Professor Hodgkin for breach of contract.

QUESTIONS:

(a) Was a valid contract created between Professor Hodgkin and Devin? Explain.

(b) Was a valid contract created between Professor Hodgkin and Evan? Explain.