R v Thompson & Son Ltd

JurisdictionIreland
Judgment Date01 January 1921
Date01 January 1921
CourtCourt of Appeal (Ireland)
K. B. D.,
C. A.,
Thompson & Son, Ltd.
and
The King

Agreement between parties "subject to contract."

Where an offer and acceptance are made (a) subject to a subsequent formal contract, if such contract is a condition or term which until performed keeps the agreement in suspense, the offer and acceptance have no contractual force. On the other hand, if all the terms are agreed on, and (b) a formal contract is only contemplated as putting the terms in legal shape, the agreement is effectual before and irrespective of such formal contract: —Held (reversing the judgment of Pim, J.), that on the facts, and in the circumstances set forth in the present case, the agreement between the parties came within (a), and therefore was not enforceable. The judgment entered for the suppliants was reversed, and the petition dismissed with costs accordingly. Per Gibson, J.: Where it is desired to have a Petition of...

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2 cases
  • Boyle v Lee
    • Ireland
    • Supreme Court
    • 1 January 1992
    ...66 L.J. Ch. 143; 75 L.T. 487; 45 W.R. 221; 41 Sol. Jo. 170; affd. (1897) 66 L.J. Ch. 334 C.A. Thompson v. The King [1920] 2 I.R. 365; [1921] 2 I.R. 438. Tiverton Estates v. Wearwell Ltd. [1975] Ch. 146; [1974] 2 W.L.R. 176; [1974] 1 All E.R. 209; (1973) 117 S.J. 913. Winn v. Bull (1877) 7 C......
  • McQuaid v Lynam and Another
    • Ireland
    • High Court
    • 4 October 1965
    ...(1879) 4 C. P. D. 450. (2) [1920] 1 Ch. 411. (3) [1957] 3 All E. R. 265. (1) [1957] 3 All E. R. 265, at p. 276. (1) [1920] 2 I. R. 365; [1921] 2 I. R. 438. (2) [1964] I. R. (3) (1833) 5 B. &; Ad. 58. (4) [1923] A. C. 48. (5) [1948] 1 All E. R. 81. (1) [1935] I. R. 869, at p. 880. (2) L. R. ......

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