Harvey v. Facey Case Brief
Summary of Harvey v. Facey
Citation: (1893) A.C. 552 (Privy Council) (Jamaica)
Factual History: Facey was going to sell his store to Kingston when Harvey and another telegraphed him a message stating “Will you sell us Bumper Hall Pen? Telegraph lowest cash price—answer paid.”
Facey answered by telegram, “Lowest price for Bumper Hall Pen £900.”
Harvey answered by telegram, “We agree to buy bumper Hall Pen for the sum of nine hundred pounds asked by you.”
Procedural History : Harvey sued for specific performance of the agreement, and for an injunction to restrain Kingston from taking a conveyance of the property.
Trial court dismissed the action on grounds that the agreement did not disclose a concluded contract. The Supreme court of Jamaica reversed. Appealed to the Privy Council.
Issue(s): Is the reply by Facey a binding offer for the sale of the property?
Holding: Reversed and the judgment of the trial court restored.
Reasoning: Mere statement of the lowest price at which the vendor would sell contains no implied contract to sell at that price to the persons making the inquiry.