The Law School Authority

Harvey v. Facey Case Brief

Summary of Harvey v. Facey

Plaintiff/Appellant: Harvey

Defendant/Appellee:  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.

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