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Tinn vs Hoffman & Co. (1873)
On November 24, 1871, the defendant sent the following letter to the plaintiff: "We...offer you 800 tons [of] pig iron...at 69s a ton...delivery 200 tons per month, March, April, May, and June 1872... Awaiting your response via email. The plaintiff responded on November 27, saying, "The price you ask is high," after failing to respond by return. I assume you would reduce the price if I manufactured the quantity 1,200 tons and delivered 200 tons monthly for the first half of the following year?
You will be obliged to respond by return. "We are willing to make you an offer of further 400 tons...pig iron, 200 tons in January, 200 tons in February, at the same price we quoted you by ours of the 24th inst," the defendant said in a letter dated November 28. Please respond by return mail indicating whether you accept our combined offers of 1,200 tons. The plaintiff wrote: "You can enter me 800 tons on the terms and conditions named in your favour of the 24th inst, but I trust you will enter the other 400, making in all 1,200 tons, referred to in my last, at 68s per ton," on the same day that he had not received this last letter. After giving the plaintiff one more chance to purchase for 69s per ton, the defendant declined to sell him any iron since the market price had increased in the interim. The plaintiff reacted later than was necessary.
Held: (I) There was no legally enforceable agreement; (i) The offer dated November 24 was turned down, either because the plaintiff neglected to respond by return or because their letter dated November 27 was a rejection; and (ii) The defendant's letter
On November 24, 1871, the defendant sent the following letter to the plaintiff: "We...offer you 800 tons [of] pig iron...at 69s a ton...delivery 200 tons per month, March, April, May, and June 1872... Awaiting your response via email. The plaintiff responded on November 27, saying, "The price you ask is high," after failing to respond by return. I assume you would reduce the price if I manufactured the quantity 1,200 tons and delivered 200 tons monthly for the first half of the following year?
You will be obliged to respond by return. "We are willing to make you an offer of further 400 tons...pig iron, 200 tons in January, 200 tons in February, at the same price we quoted you by ours of the 24th inst," the defendant said in a letter dated November 28. Please respond by return mail indicating whether you accept our combined offers of 1,200 tons. The plaintiff wrote: "You can enter me 800 tons on the terms and conditions named in your favour of the 24th inst, but I trust you will enter the other 400, making in all 1,200 tons, referred to in my last, at 68s per ton," on the same day that he had not received this last letter. After giving the plaintiff one more chance to purchase for 69s per ton, the defendant declined to sell him any iron since the market price had increased in the interim. The plaintiff reacted later than was necessary.
Held: (I) There was no legally enforceable agreement; (i) The offer dated November 24 was turned down, either because the plaintiff neglected to respond by return or because their letter dated November 27 was a rejection; and (ii) The defendant's letter
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