BISHOP & BAXTER v. ANGLO-EASTERN TRADING & INDUSTRIAL COMPANY, LTD.

(1943) 77 Ll L Rep 83

COURT OF APPEAL.

Before Lord Justice Scott, Lord Justice Goddard and Lord Justice MacKinnon.

Contract - Consensus ad idem - Terms - Counter-offer-Sale of 20,000 cardigans- 3000 delivered-Claim by sellers for price -Liability admitted by buyers-Counter-claim by buyers for damages for failure to deliver balance of 17,000 - Order for 20,000 accepted by sellers (merchants) "subject to the necessary licences, etc., being in order and subject to Government restrictions as to sales, and war clause" -Merchants supplied by manufacturers- Inability of manufacturers to perform- Alleged term of contract that buyers should obtain certificate sanctioning replacement of raw materials used in excess of quota-Whether firm contract concluded-Meaning of "subject to war clause"-Measure of damages - Goods unobtainable elsewhere.