The Forfar merchant telexed an offer (open for acceptance till 17.00 hrs., 30 November 1977) to sell potatoes to the international merchant, subject to certain conditions regarding delivery dates and sizes.
By telex dated 30 November 1977, the international merchant purported to accept the offer, subject to certain additional conditions.
The Forfar merchant did not supply the potatoes and was sued for damages.
The question arose as to whether there was a valid contract with consensus in idem ever constituted between the parties.
The sheriff after a proof before answer, held that The pursuers appealed to the Court of Session where it was held that on the making of a qualified acceptance and counter-offer, the original offer falls and that on the failure to obtain the terms requested in the counter-offer, the party cannot fall back on and accept the original offer.