Brogden v. Metropolitan Railway Co. (1877) 2 App. Cas. 666

Brogden v Metropolitan Railway (1877) 2 App. Cas. 666

The claimants were the suppliers of coal to the defendant railway company. They had been dealing for some years on an informal basis with no written contract. The parties agreed that it would be wise to have a formal contract written. The defendant drew up a draft contract and sent it to the claimant. The claimant made some minor amendments and filled in some blanks and sent it back to the defendant. The defendant then simply filed the document and never communicated their acceptance to the contract. Throughout this period the claimants continued to supply the coal. Subsequently a dispute arose and it was questioned whether in fact the written agreement was valid.

Held:

The written contract was valid despite no communication of the acceptance. The acceptance took place by performing the contract without any objection as to the terms.