Paul Davies. JC Smith's The Law of Contract (2018 2 ed). p. 69.

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  1. Is the Best Answer from Yahoo Answers beneath wrong? I'm assuming that the rogue, Fletcher, didn't have a solicitor.

One solicitor is accepting a duty to make sure the transaction is completed before title transfers..that's all.

  1. How could Grey induce "the defendant to detain the sugar and indemnified him for doing so" (gold), if the "the sugar was held to Fletcher’s order" (red)?
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    Please don't post screenshots of text; these are not machine-readable and are not accessible, and deny access to the content to some of our users that may utilise screen readers. – cnst Jul 29 at 18:17
  1. The Yahoo answer appears to relate to the use of the phrase in a different context. I don't think the answer is relevant to the context of the Henderson case.

  2. How could he? Just like this:

GREY. Hey Williams, you know that sugar you're holding for me? I have just sold it to Robinson. His agent, Fletcher, will contact you to tell you what to do with it.


(time passes)

GREY. Hey Williams, I just found out that guy Fletcher is a crook, and he doesn't work for Robinson at all. If he tells you to move the sugar, don't do it; leave it where it is until I can get this mess straightened out. If he tries to sue you or whatever, I'll be responsible for any liability you might incur.

WILLIAMS. Okay, Grey, no problem. You're one of my best customers and I trust you. I'll ignore any instructions I get from Fletcher, and wait to hear from you before I let anyone touch the sugar.


It means the earmarked the goods to be for that particular person/order. I don't know if they are talking about a written order or a verbal order.

It is important in terms of ownership and personal property law etc to determine who the goods are earmarked for as it goes towards ownership - which is what that case is about.

They are trying to work out who owned the sugar and who therefore had the rights to onsell the sugar.

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