Niyam v2 is live — start for just ₹100 — 200 credits to try

february 1951

Supreme Court of India · 1951-02-09

COL. D.I.MAC PHERSON vs M.N. APPANNA AND ANOTHER.

Citation / case number
SC 1950/15
Court
Supreme Court of India
Petitioner
COL. D.I.MAC PHERSON
Respondent
M.N. APPANNA AND ANOTHER.
Bench
FAZAL ALI, SAIYID

Judgment text excerpt

The Supreme Court held that B's cable on August 5, 1944, stating he would not accept less than Rs. 10,000 was a mere statement of the lowest price and not a counter-offer. A's subsequent letter on August 14, 1944, which purported to confirm an oral offer of Rs. 10,000, was deemed a fresh offer that B did not accept. Consequently, there was no concluded contract for the sale of the house in favor of A, affirming the lower court's decision. The principle established is that a statement of the lowest price does not constitute an acceptance of an offer under contract law, as referenced in Harvey v. Facey [1803] A.C. 552.

COL. D.I.MAC PHERSON vs M.N. APPANNA AND ANOTHER. · Niyam