Ruling Law. Story Case Answer

In New York City, there were a number of persons by the name of Walter Jones. It chanced that two persons of that name had offices in the same building. Will Davis, of Buffalo, wrote to Walter Jones (No. 1) and instructed him to invest $9,000 for him. The letter went to Walter Jones (No. 2) who was also in the investing business. Jones (No. 2) secured the investment in good faith and communicated the fact to Davis.

Davis had, however, learned of the mistake and refused to deal with Jones (No. 2).

Jones (No. 2) sued him for breach of the contract to furnish $9,000 for the investment. Should he win the suit?

Ruling Court Case. Boulton Vs. Jones, Volume 2 Hurlstone & Norman, English Reports, Page 564

Boulton had been foreman and manager to one Brocklehurst, a pipe hose manufacturer. Jones, the defendant in this case, had dealt frequently with Brocklehurst and he had an account with him. On the morning of the 13th of January, 1857, Boulton bought Brocklehurst's stock, fixtures and business and paid for them. In the afternoon of the same day, Jones sent a written order, addressed to Brocklehurst for three hundred and fifty feet of hose. It was furnished by Boulton, who, later, sent a bill to Jones for the same. When Jones found out that Brocklehurst had sold out the morning before he made this order, and that Boulton had furnished it instead, he refused to pay for it. Thereupon, Boulton brought this action to recover for the hose.

Jones contended that he was not liable, since he had never made any contract with Boulton; he thought that he was making a purchase from Brocklehurst and that he never intended to make one from Boulton.

Mr. Pollock, C. B., said: "It is a rule of law, that if a person intends to contract with A, B cannot give himself any rights thereunder".

Accordingly, judgment was given for Jones, the defendant in this action.

Ruling Law. Story Case Answer

Heretofore, it has been stated as a rule of law that only the person to whom an offer has been made may accept it. It follows from this rule that if an offer is made to Mr. Brown, Mr. Jones may not accept it. It is equally true that an offer to one Mr. Brown may not be accepted by another Mr. Brown. In such a case, there is no real consent on the part of the offeror to deal or contract with the second Mr. Brown. It follows that the second Mr. Jones, in the Story Case, has no contract with Mr. Davis, and judgment should be given for Davis in the suit.