Facts
- An iron merchant asked the defendant whether they would accept a payment of forty over 2 months, or their longest limit
- Before receiving a telegram of revocation, the iron merchant accepted the defendant’s offer (the goods were already sold)
Issue
- Did this constitute a counter offer or a mere inquiry for information
Decision
- It was an inquiry for information. There was therefore an offer capable of being accepted; damages awarded
Reasoning
- Byrne v Van Tienhoven applied for acceptance
