Adams v Lindsell (1818) 1 B & Ald 681, 106 ER 250 (KB) On 2 September, the defendants wrote to the plaintiffs offering to sell them wool, requiring that they send their answer by post. The defendants misdirected this letter, so that the plaintiffs did not receive it until 5 September. The plaintiffs posted their […]
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Felthouse v Bindley (1862) 11 CB (NS) 869, 142 ER 1037 (CP) During negotiations for the sale of a horse, the plaintiff, Felthouse wrote to his nephew stating: ‘If I hear no more about him, I consider the horse is mine at £30 15shillings.’ The nephew did not respond, but did instruct the defendant, an
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Carlill v Carbolic Smoke Ball Co. [1893] 1 QB 256 (CA) The defendants, who made and sold a medical product called ‘The Carbolic Smoke Ball’, issued an advertisement in a number of newspapers in the following terms: £100 reward will be paid by the Carbolic Smoke Ball Company to any person who contracts the increasing
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Gibbons v Proctor (1891) 64 LT 594 On 29 May, the defendant had offered a reward of £25 to the person who gave information, leading to the conviction of the perpetrator of a particular crime, to police Superintendent Penn. The plaintiff, Gibbons, a police officer, had already communicated the required information to a colleague, named
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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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