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''Stevenson, Jaques, & Co v McLean'' () 5 QBD 346 is an English contract law case concerning the rules on communication of acceptance by telegraph. Its approach contrasts to the postal rule. ==Facts== Plaintiff (P) was an iron merchant who purchased iron to sell on to third parties. Defendant (D) was the holder of warrants (titles) for quantities of iron. By telegram (dated Saturday 27 September) D offered to sell iron to P for “40s., nett cash, open till Monday” (the original offer) (). On Monday morning P sent telegram to D asking whether D would “accept forty for delivery over two months, or if not, longest limit you would allow” () (P’s telegraphic enquiry). D did not respond to the telegram and later that day sold all warrants to another party. D sent a telegram to P at 1.25pm on the Monday advising all warrants had been sold (D’s telegram of warrants sold). Prior to receiving that communication, P sent a telegram to D at 1.34pm advising acceptance of offer (P’s acceptance of offer). P subsequently sued D for non-delivery of iron warrants alleging breach of contract. The main issues were * Whether P’s telegraphic enquiry constituted a counter offer, the effect of which would be to extinguish D’s original offer. * Whether the decision in Cooke v Oxley 3 T. R. 653 has the effect of allowing the Defendant (McLean) to revoke the offer to sell prior to its acceptance by the Plaintiffs (Stevenson, Jaques & CO). * Related to the second issue was a question as to whether the telegram from D at 1.25pm effectively revoked the original offer, notwithstanding that it was not received by P until after P had accepted the offer. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Stevenson, Jacques & Co v McLean」の詳細全文を読む スポンサード リンク
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