To withdraw a proposition or offer before it has
2. This the party making it has a right to do is long as it has not been
accepted; for no principle of law or equity can, under these circumstances,
require him to persevere in it.
3. The retraction may be express, as when notice is given that the offer
is withdrawn; or, tacit as by the death of the offering party, or his inability
to complete the contract; for then the consent of one of the parties has been
destroyed, before the other has acquired any existence; there can therefore be
no agreement. 16 Toull. 55.
4. After pleading guilty, a defendant will, in certain cases where he
has entered that plea by mistake or in consequence of some error, be allowed to
retract it. But where a prisoner pleaded guilty to a charge of larceny, and
sentence has been passed upon him, he will not be allowed to retract his plea,
and plead not guilty. 9 C. & P. 346; S. C. 38 E. C. L. R. 146; Dig. 12, 4,
Source: Bouviers Law Dictionary 1856 Edition