A Brief Note On Harvey And Another Plaintiff Essays
Larchin M. Facey and his wife Adelaide Facey are the respondents.
Facey was going to sell his store to Kingston when Harvey telegraphed him a message and asked him if he wanted to sell B.H.P. He answered with the sentence “Lowest price for B.H.P. £900”. The appellants telegraphed “We agree to buy B.H.P. for £900”. They received no answer. The question to be asked is if the answer by Facey can constitute a binding offer for the sale of the property. Facey had the power and authority to bind his wife, because the property had been purchased with his money. Further Facey’s telegraphic form contained his signature. We can see that the telegram contained the names of the sender and receiver. That is sufficient to satisfy the statute and to see a binding agreement.
d) There was no explicit offer from Facey to sell the land for £900 to Harvey.
The first telegram asks two questions. The first question was to know, if Facey will sell his property to the appellant. The second question was about the lowest price. Facey only replied to the second question in regards to the price and gives his lowest price but he didn’t answer to the first question, because he didn’t say explicitly the word “yes”. That’s why he didn’t attend to create a legal relationship with that answer.
The third telegram treats the answer of Facey as an unconditional offer to sell to them at the price named. But, in fact, it is an offer that required to be…