Jacques Stevenson & Co v McLean [1880]
Facts of the case The defendant seller offered to sell a quantity of it on for 40s, nett cash to the plaintiff buyer until monday. On Monday at 9.42 am, the plaintiff buyer telegraphed to the defendant seller asking whether the defendant sell it would accept forty for delivery over 2 months or if not, the longest limit defendant seller would give. The telegram was received but did not reply by the defendant seller. The defendant seller later sold the iron to a third party. At 1.25 pm on monday, a telegram was dispatched by the seller to the buyer stating that the he had sold the iron. At 1.34 pm, the buyer said that he had secured the price for payment next monday. At 1.46 pm the telegram dispatched by the seller at 1.25 pm reached the buyer. Held The court held that the telegram dispatched by the buyer was a mere query. It was not a counteroffer. It is different from Hyde v Wrench. As a result, the original offer remained open for acceptance by the buyer until then revocation of offer by the seller was communicated when the telegram arrived at 1.46 pm. Conclusion The word , would you accept...? amounted to a query not a counter offer.
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