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Great Northern Railway v Witham [1873]

Facts

  • The defendant submitted a tender to supply materials to the claimant
  • The claimants did not order any materials for a while
  • After a month or not ordering, the defendant rejected the order

Issue

Decision

  • Yes, claim allowed

Reasoning

  • There was no obligation for the claimants to order any materials, however upon their ordering, the defendant was obliged to deliver as per his tender
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