AI Structured Summary
Not yet generated for this judgment
Judgment
The question referred to the High Court is, ""was the defendant justified in revoking his proposal to sell indigo to the plaintiff before the expiry of
the time which the defendant without consideration allowed to the plaintiffs, to express their acceptance or refusal?"" Both on principle and authority
it is clear that in the absence of consideration for the promise to keep the offer open for a time, the promise is a mere nudum pactum. This is indeed
conceded by the learned Counsel, but it is urged by him that upon the finding of the Chief Judge, there was consideration for the promise, but the
learned judges, who made the reference to the High Court, distinctly find that there was no consideration, and differ from the opinion of the Chief
Judge.
In the absence of any reference on the question of consideration, we must accept the fact as found by the Bench, and answer the question
referred to in the affirmative.