PRICE IN THE WINDOW.

Hauraki Plains Gazette, Volume XXXVII, Issue 4937, 10 February 1926, Page 2

PRICE IN THE WINDOW.

IN THE EVENT OF MISTAKES.

A LEGAL OPINION.

Can a customer insist upon the sale of an article at the price at which it is ticketed by .the shopkeeper ? This question is raised in the New Zealand Draper, and the answer is, as a hesitant maiden might say, “It all depends.” However, the question was put by the New Zealand Federation of Drapers, Clothiers, and Boot Retailers. to its legal advisers, and their opinion is as interesting to the general public as to shopkeeper?. The lawyers were .asked to advise whether, if a sale ticket from a lower valued article should drop or be inadvertently placed on an article of a very much higher value, a draper could be compelled to sell the article of such higher value to a person demanding to purchase it at the low price stated on the ticket ? They replied “We are of opinion that the draper would not be so compelled to sell. The position resolves itself into one of mistake, and through such mistakes the draper and the intending purchaser have never arrived at a. concensus, ad idem. One in reality intends and desires to sell at one price, while the other intends and desires to buy at a different price. If the Court be satisfied on the facts proved that such is the true, position, then it would not enforce the alleged contract, as it would hold there was never any real agreement between the parties,. The draper having proved his innocent mistake, would probably be able also to s,how that the difference in price must have made it apparent torthe intending purchaser that there was some mistake, or at least should have made him suspicious that the ticket price was wrong. The Courts, do not lean towards a party attempting to take advantage of another’s innocent error.”