N purchased Portland stone from A. A’s terms and conditions incorporated a condition applying interest for late payment. Such stone is classified by the bed and quarry from which it was taken.
Held: A letter stating the terms upon which stone might be supplied did not create a contract, and the sales were governed by the later correspondence, incorporating the company’s terms. The sales were sales by description, but there was no evidence to suggest that stone for which payment was now claimed was substandard, subject to a small sum set off by agreement.
Judges:
His Honour Judge Richard Seymour Q.C.
Citations:
[2001] EWHC Technology 20
Links:
Contract
Updated: 05 June 2022; Ref: scu.167227