Appuhamy, H.K.J. V. Attorney General

1954 Present: Gratiaen J. and Gunasekara J.

H. K. J. APPUHAMY, Appellant, and THE ATTORNEY-GENERAL,
Respondent

S. C. 371-D. C. Ratnapura, 8,638M
 

Contract-Tender-Execution of a further agreement-Point of time when contract becomes binding.

Plaintiff had been invited to make a tender for certain work on the understanding that, if the tender was accepted, he would be required within a fixed period of time to sign an agreement for the due performance of the work. He accordingly signed an agreement whereby he undertook to complete the work within a certain period.

Held, that the contract automatically became operative as soon as the plaintiff signed the agreement. It was not open to the other party thereafter to change his mind on the ground that he had not signed the agreement himself.

APPEAL from a judgment of the District Court, Ratnapura.

Sir Ukwatte Jayasundera, Q. C., with V. T. de Zoysa and G. T. Samarawickreme, for the plaintiff appellant.

B. C. F. Jayaratne, Crown Counsel, for the Crown.

Cur. adv. vult.

April 5, 1954. GRATIAEN J.-

This is an action against the Crown for breach of contract.

In December 1946 tend

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