Alexander Macdonald and Alexander Macdonald the Younger v David Longbottom

JurisdictionEngland & Wales
Judgment Date27 May 1859
Date27 May 1859
CourtCourt of the Queen's Bench

English Reports Citation: 120 E.R. 1177

IN THE QUEEN'S BENCH

Alexander Macdonald and Alexander Macdonald the Younger against David Longbottom

Affirmed in Exchequer Chamber, 1 El. & El. 987; 29 L. J. Q. B. 256; 2 L. T. 606; 6 Jur. N. S. 724; 8 W. R. 614. Applied, Newell v. Radford, 1867, L. R. 3 C. P. 54; Heffield v. Meadows, 1869, L. R. 4 C. P. 600. Discussed, Buxton v. Rust, 1872, L. R. 7 Ex. 281. Principle applied, Cunningham v. Dunn, 1878, 3 C. P. 449; M'Collin v. Gilpin, 1881, 6 Q. B. D. 517. Referred to, Bank of New Zealand v. Simpson, [1900] A. C. 188; Krell v. Henry, [1903] 2 K. B. 754.

1 el. & el 977. macdonald v. longbottom 1177 [977] cases argued and determened in the queen's bench, in trinity term, XXII. victoria. The Judges who usually sat in Bane in this Term were: Lord Campbell C.J., Wightman J., Erie J., Crompton J. alexander macdonald and alexander macdonald the younger against david longbottom. Friday, May 27th, 1859. Plaintiff in a conversation with defendant's agent, stated that plaintiff had some wool for sale, partly hia own clip, partly what lie had purchased from other farms, amounting in the whole to 2300 atones, 100 stones more or less; and offered the whole for sale to defendant. Plaintiff afterwards wrote to the agent, saying that two of the small clips had been sold, but that plaintiff had got the promise of another clip of about 550 stones, which would go with his other wool. Defendant's agent afterwards wrote to plaintiff, saying, that defendant "desires me to offer you for your wool 16s. par stone, delivered in Liverpool;" which offer plaintiff, in writing, accepted. Plaintiff shipped to Liverpool 2542 stones of his wool, which defendant refused to accept.-In an action against defendant for not accepting: Held, that the conversation between plaintiff and defendant's agent was admissible to shew what was meant by the expression "your wool" in the subsequent letter by such agent. Held, further, by Lord Campbell C.J. and Erie J., dissentiente Wightman J., that the statement in such conversation of the quantity of wool was merely an expression of opinion by plaintiff, and was not to be taken as embodied in the subsequent contract; and that therefore defendant was not justified in rejecting the tender of 2500 stones of plaintiff's wool. Judgment for plaintiff.- Judgment affirmed in the Exchequer Chamber. [Affirmed in Exchequer Chamber, 1 El. & El. 987 ; 29 I,. J. Q. B. 256 ; 2 L. T. 606; 6 Jur. N. S. 724 ; 8 W. R 614. Applied, Neivell v. Riidfwd, 1867, L. R. 3 C. P. 54 ; He/field v. Meadows, 1869, L. R. 4 C. P. 600. Discussed, Buxton v. liust, 1872, L. R. 7 Ex. 281. Principle applied, Cunningham v. Dunn, 1878, 3 C. P. D. 449; M'Collin v. Gilpin, 1881, 6 Q. B. D. 517. Referred to, Bank of New Zealand v. Simpson, [1900] A. C. 188; Krell v. Henry, [1903] 2 K. B. 754.] The declaration stated that defendant agreed with plaintiffs to buy, and plaintiffs agreed to sell, [978] certain wool belonging to plaintiffs, at the price of 16s. per stone, less two months' discount, the said wool to be delivered by plaintiffs to or for defendant at Liverpool: and that, although a reasonable time for the delivery and acceptanee of the said wool expired before the commencement of this suit, yet defendant made default in accepting the said wool and paying the price thereof as aforesaid, and plaintiffs have thereby incurred expense in keeping the said wool and in reselling the same, and also a loss upon such resale, &c. Pleas. 1. That defendant did not agree as alleged. 2. That plaintiffs were not ready and willing to deliver the said wool, or any part thereof, pursuant to the said contract as alleged. 3. A plea traversing the alleged breach. Issue on all the pleas. On the trial, before Byles J., at the last Liverpool Spring Assizes, it appeared that the plaintiffs were farmers in Scotland, and the defendant was a wool stapler in Liverpool, whose agent for purchasing wool in Scotland was a Mr. Stewart, residing at Perth. In August, 1857, the younger...

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