Adams v Lindsell
| Jurisdiction | England & Wales |
| Judgment Date | 05 June 1818 |
| Date | 05 June 1818 |
| Court | Court of the King's Bench |
English Reports Citation: 106 E.R. 250
IN THE COURT OF KING'S BENCH.
Adopted, Dunlop v. Higgins, 1848, 1 H. L. C. 399. Inhapplicable, British, &c. Telegraph Company v. Colson, 1871, L. R. 6 Ex. 122. Dicta approved, Townsend's Case, 1871, L. R. 13 Eq. 155. Discussed and applied, Harris's Case, 1872, L. R. 7 Ch. 595. Considered, Evans v. Nicholson, 1875, 32 L. T. 780. Applied, Taylor v. Jones, 1875, 1 C. P. D. 90. See Household fire Insurance Company v. Grunt, 1879, 4 Ex. D. 219. Applied, Stevenson v. M'Lean, 1880, 5 Q. B. D. 351. See Henthorn v. Fraser, [1892] 2 Ch. 31.
681] adams and others against lindsell and another. Friday, June 5th, 1818. A. by letter offers to sell to B. certain specified goods, receiving an answer by return of post; the letter being misdirected, the answer notifying the acceptance of the offer arrived two days later than it ought to have done ; on the day following that when it would have arrived if the original letter had been properly directed, A. sold the goods to a third person: Held that there was a contract binding the parties, from the moment the offer was accepted, and that B. was entitled to recover against A. in an action for not completing his contract. [Adopted, Dunlop v. Higgins, 1848, 1 H. L. C. 399. Inapplicable, British, &c. Telegraph Company v. Colson, 1871, L. R. 6 Ex. 122. Dicta approved, Townsend's Case, 1871, L. R. 13 Eq. 155. Discussed and applied, Harris's Case, 1872, L. R. 7 Ch. 595. Considered, Evans v. Nicholson, 1875, 32 L. T. 780. Applied, Taylor v. Jones, 1875, 1 C. P. D. 90. See Household Fire Insurance Company v. Grant, 1879, 4 Ex. D. 219. Applied, Stevenson v. M'Lean, 1880, 5 Q. B. D. 351. See Henfhorn v. Fraser, [1892] 2 Ch. 31.] Action for non-delivery of wool according to agreement. At the trial at the last Lent Assizes for the county of Worcester, before Burrough J. it appeared that the defendants, who were dealers in wool, at St. Ives, in the" county of Huntingdon, had, on Tuesday the 2d of September 1817, written the following letter to the plaintiffs, who were woollen manufacturers residing in Bromsgrove, Worcestershire. " We now offer you eight hundred tods of wether fleeces, of a good fair quality of our country wool, at 35s. 6d. per tod, to be delivered at Leicester, and to be paid for by two months' bill in two months, and to be weighed up by your agent within fourteen days, receiving your answer in course of post." This letter was misdirected...
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...to meet which the so called "postal rule" has developed. I need not trace its history: it has firmly been in the law at least since Adam v. Lindsell (1818) 1 B. & A. 681. The rationale for it, if left somewhat obscure by Lord Ellenborough, has since been well explained. Mellish L.J. in Harr......
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McKenzie v Farmers' Co-Operative Meat Industries Ltd
...place where it was first made is immaterial. It must be taken as having been made at the place where it is accepted. See Adams v Lindsell (106 E.R. 250); Henthorn v Fraser (1892, 2 Ch at p. A contract arises when it is accepted. See Lewis v Orchard (30 L.J. Exch. 21) and Cowan v O'Connor (s......
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McKenzie v Farmers' Co-Operative Meat Industries Ltd
...place where it was first made is immaterial. It must be taken as having been made at the place where it is accepted. See Adams v Lindsell (106 E.R. 250); Henthorn v Fraser (1892, 2 Ch at p. A contract arises when it is accepted. See Lewis v Orchard (30 L.J. Exch. 21) and Cowan v O'Connor (s......