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Contracts Keyed to Epstein
Raffles v. Wichelhaus
Citation:
2 H. & C. 906, 159 Eng. Rep. 375 (1864)ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Plaintiff and defendants agreed that the plaintiff should sell to the defendants, and the defendants buy of the plaintiff certain goods, 125 bales of Surat cotton, guaranteed middling fair merchant’s Dhollarah, to arrive tex “Peerless” from Bombay; and that the cotton should be taken from the quay, and that the defendants would pay the plaintiff for the same at the rate of 17 1/4 per pound within a certain time then agreed upon after the arrival of said goods in England. The said goods did arrive by the said ship from Bombay in England and the plaintiff was ready and willing and offered to deliver the said goods to defendants. Defendants, however, refused to accept the said goods or pay for them, because the said ship mentioned in the agreement was meant and intended by the defendants to be the ship called the “Peerless” which sailed from Bombay in October, but the ship from which the plaintiff offered to deliver the said goods arrived by another and different ship, also called the “Peerless.”
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Topic Resources
Topic Outline
Formation of ContractsTopic Refresher Course
AcceptanceTopic Charts & Notes
Common Law v Ucc