Harvey v. Facey

Harvey and Anor (plaintiffs) asked Facey (defendant) whether he would sell certain Jamaican property and, if so, at what minimum price. Facey telegraphed back only his minimum price, without saying whether he would actually sell. Harvey and Anor then telegraphed agreeing to pay that price, treating it as forming a binding sale, but when Facey later sold to someone else, they sued for specific performance. The Jamaican trial court found no contract; the court of appeal found a contract entitling Harvey and Anor to damages but not specific performance, since there was no proof Facey's wife (the actual title-holder) had consented.