Philp v Knoblauch [1907] ScotCS CSIH_9 (31 May 1907)

Philp v Knoblauch [1907] ScotCS CSIH_9 (31 May 1907)

The Court held that the defender's letter constituted a definite offer and the pursuers' telegram and letter amounted to an unequivocal acceptance, including the usual Plate terms, thereby concluding a binding contract.

Citation
[1907] ScotCS CSIH_9
Parties
Pursuer: Philp & Co.; Defender: Knoblauch
Jurisdiction
Scotland
Judgment Date
31 May 1907
Procedural Posture
Sale of Goods Contract Dispute / Appeal
Outcome
appeal allowed
Legal Topics
Formation of Contract, Offer and Acceptance, Implied Terms
Contract Law Sale of Goods Formation of Contract Offer and Acceptance Implied Terms

Case Brief

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Parties

Philp & Co.

Pursuer

Knoblauch

Defender

Procedural Posture

Sale of Goods Contract Dispute / Appeal

Legal Issues

  1. 1 Whether a binding contract was formed by the exchange of letters and telegrams between the parties
  2. 2 Whether acceptance of 'usual Plate terms' was implied in the pursuers' telegram

Ratio Decidendi

The Court held that the defender's letter constituted a definite offer and the pursuers' telegram and letter amounted to an unequivocal acceptance, including the usual Plate terms, thereby concluding a binding contract.

Court Disposition

appeal allowed

Orders

  • Lord Ordinary's interlocutor reversed
  • Contract for sale of 100 tons Plate linseed at 41s. 3d. on usual Plate terms held concluded