A Singular Dispute

At the Hull County Court on Wednesday, an action was brought by Messrs. Wilson, Sons, & Co. against the Denaby Main Colliery Company for £40, being one month’s damages for the non-performance of a contract for the supply of a quantity of coal during April last.

Mr. J. Hearfield appeared for the plaintiffs, and Mr. Lane, barrister, for the defendants. Mr. Hearfield said the matter simply raised a question of law as to whether a contract existed between the parties. If it were decided that a contract had been made, the breach would be acknowledged.

On the 29th of March last the defendants sent an offer to the plaintiffs to supply them with 30 or 40 thousand tons, at the plaintiffs’ option, of the best screened hard steam coal from the Denaby Main Colliery at 7s. per ton. The plaintiffs replied that they accepted the offer, making the quantity 10,000 tons.

The defendants’ manager then wrote stating that they would make the contract 30,000 tons to the end of the year, according to the plaintiffs’ wishes. The plaintiffs afterwards wrote: “We observe you agree to a reduction of 10,000 tons on the quantity you offer us. It will now be 20,000 or 30,000 tons, and we can have the contract drawn up.”

In reply the defendants’ manager wrote: “We note from the altered terms that you wish to diverge from your offer of the 3rd instant as to quantity.” The defendants afterwards wrote that they could not supply the coal, as they had already made a contract with another party.

For the plaintiffs it was contended that a contract had been made; for the defendants that no contract had been concluded. His Honour held that no contract had been made, and commented strongly upon the inconsistency of the letters sent by the defendants’ manager. He remarked that the second letter had been so carelessly drawn that it did not complete the contract.

With extreme regret, his Honour said that he must give a verdict for the defendants, with costs.