A firm of timber merchants had printed in red ink at the head of their notepaper-‘All offers over a period are subject to stoppages through strikes, lock-outs, and co., and the right to cancel is reserved in the event of any of the countries from which our supplies are drawn becoming engaged in war.’ In reply to a specification of the requirements of a shale oil company for a year they tendered and adjusted the contract by correspondence on this notepaper. The red ink note was quite clear and distinct, but was not referred to. Held ( sustained. judgment of the First Division) that it was a condition of the contract.
Per the Lord Chancellor-‘It appears to me that the cases with regard to tickets on railways, which are merely vouchers for payment of a fare, have no application, and it is impossible to read the contract here apart from the red ink note.’
Judges:
Lord Chancellor (Finlay), Lord Dunedin, Lord Atkinson, Lord Shaw, and Lord Buckmaster
Citations:
[1918] UKHL 179, 55 SLR 179
Links:
Jurisdiction:
England and Wales
Contract
Updated: 12 November 2022; Ref: scu.631466