STEVENSON, JACQUES & CO v MCLEAN (1880) 5 QBD 346 - REQUEST FOR INFORMATION

The defendant wrote to the claimants giving 40s. net cash per ton as the lowest price at which he could sell iron and stating that he would hold the offer open until the following Monday.

The claimants telegraphed: 'Please wire whether you would accept forty for delivery over two months, or, if not, the longest limit you could give.' The defendant did not reply. One of the issues before Lush J was whether this telegram amounted to a counter-offer, thereby rejecting the defendant's offer to sell at 40s. net cash per ton.

Held: The telegram was not a rejection of the defendant's offer, but merely an inquiry as…