COL. D.I. MAC PHERSON versus M. N. APPANNA AND ANOTHER

COL. D.I. MAC PHERSON versus M. N. APPANNA AND ANOTHER

The cable stating 'Won't accept less than Rs. 10,000' was not a counter-offer but a statement of minimum price; the plaintiff's letter was a fresh offer, not an acceptance. No concluded contract arose since the offer was never accepted by the defendant.

Parties
Appellant: Col. D.I. MacPherson; Respondent: M. N. Appanna; Respondent: Another (second defendant)
Jurisdiction
India
Judgment Date
09 February 1951
Procedural Posture
Civil Appellate / Appeal From Judgment and Decree of Judicial Commissioner of Coorg in Original Suit No. 1 of 1945
Outcome
Appeal allowed
Legal Topics
Offer and Acceptance, Specific Performance, Counter Offer
Contract Law Offer and Acceptance Specific Performance Counter Offer

Case Brief

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Parties

Col. D.I. MacPherson

Appellant

M. N. Appanna

Respondent

Another (second defendant)

Respondent

Procedural Posture

Civil Appellate / Appeal From Judgment and Decree of Judicial Commissioner of Coorg in Original Suit No. 1 of 1945

Legal Issues

  1. 1 Whether there was a concluded contract for the sale of Morvern Lodge in favour of the plaintiff on 14th August, 1944
  2. 2 Whether a mere statement of lowest sale price constitutes a binding offer

Ratio Decidendi

The cable stating 'Won't accept less than Rs. 10,000' was not a counter-offer but a statement of minimum price; the plaintiff's letter was a fresh offer, not an acceptance. No concluded contract arose since the offer was never accepted by the defendant.

Court Disposition

Appeal allowed

Orders

  • Judgment and decree of Judicial Commissioner set aside
  • Plaintiff's suit for specific performance dismissed