Butler Machine Tool Co. Ltd v Ex-Cell-O Corporation (England) Ltd [1979] 1 WLR 401 (CA) On 23 May 1969, the sellers issued a quotation offering to sell a machine tool to the buyers for £75,535, delivery to be in ten months’ time. The offer was stated to be subject to certain terms and conditions, which […]
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Stevenson, Jacques & Co. v McLean (1880) 5 QBD 346 (QB) The defendant wrote to the plaintiffs giving 40 shillings net cash per ton as the lowest price at which he could sell iron and stated that he would hold the offer open until the following Monday. The plaintiffs telegraphed: ‘Please wire whether you would
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Brogden v Metropolitan Railway Co. (1877) 2 App Cas 666 (HL) Brogden, the plaintiff had suggested that the defendant Railway Company should enter into a formal contract for the supply and purchase of coal. The Railway Company agreed and sent terms of agreement. Brogden added the name of an arbitrator to settle any differences, before
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Warlow v Harrison (1859) 1 E & E 309, 120 ER 925 (Exchequer Chamber) The defendant, Harrison, an auctioneer, advertised the sale without reserve of a horse by public auction. The plaintiff attended the sale and bid 60 guineas. The horse’s owner bid 61 guineas. The plaintiff refused to make any further bid and the
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Harris v Nickerson (1873) LR 8 QB 286 (QB) The defendant auctioneer advertised that lots, including certain office furniture, would be sold by him at Bury St Edmunds on specified days. The plaintiff had a commission to buy this furniture and travelled from London for the sale. However, the lots were withdrawn from sale. The
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Spencer v Harding (1870) LR 5 CP 561 (CP) The case is well summarized by Willes J: The action is brought against persons who issued a circular offering a stock for sale by tender, to be sold at a discount in one lot. The plaintiffs sent in a tender which turned out to be the
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Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd [1952] 2 QB 795 (Court of Queen’s Bench) The defendants, Boots was charged with an offence under the Pharmacy and Poisons Act 1933, Section 18, which required that sales of poisons in Part I of the Poisons List take place under the supervision of
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Fisher v Bell [1961] 1 QB 394 (QB) A shopkeeper displayed a flick knife in his shop window with a ticket stating ‘Ejector knife—4 shillings’. He was charged with offering the knife for sale contrary to section 1(1) of the Restriction of Offensive Weapons Act 1959. Held: A display of goods in a shop window
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Partridge v Crittenden [1968] 1 WLR 1204 (QB) The plaintiff had placed an advertisement in a periodical, which read ‘Bramblefinch cocks, Bramblefinch hens, 25 shillings each’. The plaintiff was charged with unlawfully offering for sale a wild live bird contrary to Section 6(1) of and Schedule 4 to the Protection of Birds Act 1954. Held:
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Gibson v Manchester City Council [1979] 1 WLR 294 (HL) The Manchester City Council adopted a policy of selling council houses to tenants. The respondent tenant applied on a printed form for details of the price and mortgage terms. The city treasurer wrote to the respondent that the Council: ‘may be prepared to sell the
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