.Harvey v Facey [1893]
Facts of the case On the same day, three telegrams were passed between parties. First, the respondents received a telegraph from the appellants stated ‘will you sell us Bumper Hall Pen? Telegraph the lowest cash price.’ The respondent replied ‘ lowest price for Bumper Hall Pen is 900 gbp’ The appellants in return the telegraphed ‘ we agree to buy Bumper Hall Pen for the sum of 900 gbp. Please send us your title deed in order we may get early possession’. The appellants sought an order for specific performance when the respondent did not complete the sale. Held It was held that there was no contract. Per Lord Morris ‘ The first telegram asked two questions…the respondent replies to the second question only and gives his lowest price …the reply telegram from the appellants cannot be treated as an acceptance of an offer to sell them. It is an offer that required to be accepted by the respondent.’ Conclusion Answering a question is not an offer.
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