Boulton v Jones: CEC 25 Nov 1857

Material Facts:

Jones sent an order for goods to a shop owner named Brocklehurst. The request for the supply was specifically addressed to Brocklehurst. However, Brocklehurst had earlier transferred ownership of the store to Boulton, who decided to respond to the request for goods by supplying the requested goods. Jones had intended to offset the cost of the goods with a debt owed him by Brocklehurst and refused to pay Boulton when he demanded payment for the supplied goods.

Issues:

1. Whether the defendant was liable to pay the claimant the price of the supplied goods.

Holding:

1. That the defendant was not liable to pay the claimant the price of the supplied goods.

Ratio Decidendi:

The court held that since Jones had intended to transact with Brocklehurst, there was no contract between the claimant and the defendant.

Comment:

Boulton was aware that Jones was mistaken about his identity, but choose to remain silent.