Auctioneer was
agent of vendor, and
assent of both
parties is necessary
Section 57(2) of the
Facts: D made the Sales of Goods Act
highest bid but Held: No
contract codifies the
withdrew before the common law rule
Facts: Claimant bid for two hammer fell laid down in Payne
machines at auction 'without v Cave
reserve', each machine was Facts: D advertised to
worth about £14,000, no other sell certain furniture at an
bids, the claimant bid £200 - auction. Pl travelled to
auction but items were
the auctioneer withdrew Payne v Cave
machines and refused to sell withdrawn. Brought
action for breach of
contract
Barry v Heathcote Ball Offer: auctions sales Harris v Nickerson
Held: claim rejected,
Held: there was a an advertisement for
collateral contract that an auction is merely
the auctioneer would Warlow v Harrison an invitation to treat
sell to the highest
bidder
Otherwise people who
expected certain items
for sale would be able
Facts: Pl attended auction for Held: although the action to claim for things like
horse said to be 'without failed on technicality, the reimbursement for
reserve'. Discovered owner was court said it would have been travel
being allowed to bet to increase successful if properly pleaded
price. Pl refused to continue - the auctioneer pledges to
bidding and sued auctioneer sell to the highest bidder
agent of vendor, and
assent of both
parties is necessary
Section 57(2) of the
Facts: D made the Sales of Goods Act
highest bid but Held: No
contract codifies the
withdrew before the common law rule
Facts: Claimant bid for two hammer fell laid down in Payne
machines at auction 'without v Cave
reserve', each machine was Facts: D advertised to
worth about £14,000, no other sell certain furniture at an
bids, the claimant bid £200 - auction. Pl travelled to
auction but items were
the auctioneer withdrew Payne v Cave
machines and refused to sell withdrawn. Brought
action for breach of
contract
Barry v Heathcote Ball Offer: auctions sales Harris v Nickerson
Held: claim rejected,
Held: there was a an advertisement for
collateral contract that an auction is merely
the auctioneer would Warlow v Harrison an invitation to treat
sell to the highest
bidder
Otherwise people who
expected certain items
for sale would be able
Facts: Pl attended auction for Held: although the action to claim for things like
horse said to be 'without failed on technicality, the reimbursement for
reserve'. Discovered owner was court said it would have been travel
being allowed to bet to increase successful if properly pleaded
price. Pl refused to continue - the auctioneer pledges to
bidding and sued auctioneer sell to the highest bidder
