The pursuers ordered large quantities of cork shavings. They were not delivered and claimed in damages after the prices in the open market rose. The defenders said that no contract had been concluded, that the negotiations between the parties resulted in nothing more than an offer on the part of the pursuers to purchase the goods; that this offer required acceptance on the part of the defenders, and that they did not accept it.
Held: The pursuers’ appeal succeeded. A contract had been concluded. They party negotiating for the defenders had apparent authority to make the contract and it was not for the pursuers to question his status.
Lord Pearson
1909 1 SLT 540, 1909 SC 1113, [1909] ScotCS CSIH – 2
Bailii
Scotland
Contract
Leading Case
Updated: 01 November 2021; Ref: scu.279294
