NOTE: - Facts of the case like- date, place and amount has been modified according to the

Indian perspective for application of Civil Procedure Code, 1908. The modified facts sheet of
the case is attached below.

FACT SHEET

Harvey is a solicitor carrying on business in partnership at Shimla. In the beginning of

October 2019 negotiation took place between Facey and the Mayor and Council of Shimla for
the sale of the Bumper Hall Pen. The offer was discussed by the council at the meeting on 6 th
of October, 2019 and the consideration of the acceptance was deferred.

On 7th of oct, 2019, Harvey caused a telegram to be sent after him from Shimla addressed to
Facey, in the following words:“Will you sell us Bumper Hall Pen? Telegraph lowest cash
price-answer paid;”

That on the same day L.M. Facey replied by telegram to Harvey in the following words:
“Lowest price for “Bumper Hall Pen is 900000 Rupees”;

On the same day Harvey replied to the last-mentioned telegram by a telegram addressed to
facey in the follow words: “We agree to buy Bumper for the sum of 900000 Rupees asked by
you. Please send us your title in order that we may get early possession.”

Facey didn't reply to this telegram. On 12th October, 2019 Harvey asked Facey to sell the
property on agreed amount. Facey refused to sell the property to Harvey.

Harvey filed suit against Facey for breach of contract.