Facts
- An agreement was made to purchase
- After 3 years, the goods had not been shipped and the vendor asked for a higher price
- The buyer agreed to this new price
- The buyer claimed back the difference between the old and new prices
Issue
- Had consideration been provided by the seller for the buyer’s promise to pay more
Decision
- Consideration provided, no recovery, claim failed
Reasoning
- As the initial agreement was 3 years ago, and the contract forgotten, a new contract had been formed at the new price
