STEVENSON, JAQUES, & CO. v. MCLEAN. - (1880) 5 Q.B.D. 346
The defendant offered to sell iron to the plaintiff. Upon receipt of the offer, the plaintiff wrote to the offeror “please wire whether you would accept forty for delivery over two months, or if not, longest limit you could give.” The defendant sold the iron to a different party, presuming the plaintiff’s letter was a counter offer. The plaintiff later sent a letter accepting the offer, and got a response that the iron had been sold. The plaintiff sued for breach of contract.
1. Whether the plaintiff’s response was a counter offer.
1. The plaintiff’s response was not a counter offer.
The court ruled that the plaintiff was merely asking for information and that this does not constitute a counter offer.