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Guthing v Lynn (1831) Court of King's Bench
The plaintiff consented to purchase a horse from the defendant for a consideration of 60 guineas, with an additional stipulation that if the horse proved fortunate, the plaintiff would either remit an extra £5 or acquire another horse. The luckiness of the horse and the arrangement to purchase another horse were both too ambiguous for the court to enforce. The only enforceable component of the consideration was the payment of 60 guineas. According to Lord Tenterden CJ:
We must suppose the substantial part of the contract to be that declared
upon, and consider the rest as amounting merely to one of those honorary
engagements which seem very much to prevail among persons in this
way of business.
The plaintiff consented to purchase a horse from the defendant for a consideration of 60 guineas, with an additional stipulation that if the horse proved fortunate, the plaintiff would either remit an extra £5 or acquire another horse. The luckiness of the horse and the arrangement to purchase another horse were both too ambiguous for the court to enforce. The only enforceable component of the consideration was the payment of 60 guineas. According to Lord Tenterden CJ:
We must suppose the substantial part of the contract to be that declared
upon, and consider the rest as amounting merely to one of those honorary
engagements which seem very much to prevail among persons in this
way of business.
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