Facts
- May and Butcher agreed to purchase old tents from the Disposals Board
- The Disposals Board’s terms stated ‘at a price to be agreed’
- Agreement broke down
Issue
- Could there have been a binding contract where there was no set price
Decision
- No contract
Reasoning
- An agreement to agree is not legally binding
- The terms of the contract were too uncertain for the courts to enforce
- As a price was to be agreed by the parties, the court could not enforce a reasonable price as per the Sale of Goods Act 1979
