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D wrote a letter to P on September 2, 1817. The letter offered P wool under the following conditions: 800 tods of wether fleeces, of good, fair quality at 35s.,6d. per tod to be delivered at Leicester and to be paid for by two months bill in two months, and to be weighed up by P's agent within 14 days, receiving your answer in course of post. The letter was misdirected by D to Broomsgrove and did not reach P until 7 pm on Friday, September 5th. P wrote an answer agreeing to the terms that evening, but it was not received by D until Tuesday, September 9th. However, D had already sold the wool to another on September 8th. The trial judge ruled for P and D appealed.

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