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.

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