Macauley and Cullen v Horgan

• Jurisdiction: Ireland
• Judgment Date: 01 January 1925
• Date: 01 January 1925
• Court: Supreme Court (Irish Free State)

Macauley and Cullen

and

Horgan

No time fixed for delivery - Delivery and payment concurrent conditions - Seller wrongfully refusing to deliver goods - Measure of damages - Difference between contract price and market price at time of refusal to deliver - Absence of available market at place of delivery - Sale of Goods Act, 1893 (56 57 Vict., c. 71), ss. 28, 51.

In October, 1923, defendant wired to plaintiffs, who were wool merchants in Dublin, offering them wool, and plaintiffs wired in reply. Further telegrams passed between the parties, which the Court held constituted a binding contract for the sale of the wool at the price mentioned...