Legal analysis from Dean's Law Dictionary will be displayed here.

This section contains the nature of the case and procedural background.

Railway (P) advertised for tenders for the supply of stores for a period of twelve months. Witham (D) sent in a tender to supply the stores required for the period at certain fixed prices, 'in such quantities as the company's store-keeper might order from: time to time;' and Ps accepted his tender. P placed orders and D fulfilled them but after a period of time refused to deliver more. Ps were obliged to procure quantities of iron from other persons at higher prices. Ps claimed 2000£ in damages. P sued for breach. D demurred in that there was no consideration for D’s promise to perform. The court ruled for P. D moved to enter a nonsuit, on the ground that the contract was void for want of mutuality. D contended that, as the company did not bind themselves to take any iron whatever from D, D's promise to supply them with iron was a promise without consideration. D appealed.

The legal issues presented in this case will be displayed here.

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