Facts
Plaintiff (P) was an iron merchant who purchased iron to sell on to third parties. Defendant (D) was the holder of warrants (titles) for quantities of iron. By telegram (dated Saturday 27 September) D offered to sell iron to P for “40s., nett cash, open till Monday” (the original offer) . On Monday morning P sent telegram to D asking whether D would “accept forty for delivery over two months, or if not, longest limit you would allow” (P’s telegraphic enquiry). D did not respond to the telegram and later that day sold all warrants to another party. D sent a telegram to P at 1.25pm on the Monday advising all warrants had been sold (D’s telegram of warrants sold). Prior to receiving that communication, P sent a telegram to D at 1.34pm advising acceptance of offer (P’s acceptance of offer). P subsequently sued D for non-delivery of iron warrants alleging breach of contract.
Read more about this topic: Stevenson, Jacques & Co V Mc Lean
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