119:. The Plaintiff obtained a commission to buy the office furniture and expended time and expense to travel to Bury St. Edmunds to bid for the office furniture. On the third day, the lots for the office furniture were withdrawn. The Plaintiff sued for loss of time and expense. The judge at first instance found in favour of the Plaintiff. Leave was given to appeal to the
136:
responsible to everybody who attends the sale for his cab hire or travelling expenses". Quain and
Archibald, JJ. also drew public policy arguments, emphasising that there existed no authority on which to base a decision that the Defendant is liable to indemnify all those who attended his auction. The court upheld the appeal.
126:
The
Plaintiff submitted that the advertisement constituted a contract between themselves and the Defendant that the latter would sell the furniture according to the conditions stated in the advertisement, and that accordingly the withdrawal of the furniture was a breach of contract. The Defendant
135:
The court held unanimously that the advertisement did not constitute an offer, but rather was a mere declaration of intent. Blackburn, J. founded his judgment on public policy grounds, calling it a "startling proposition" that "any one who advertises a sale by publishing an advertisement is now
102:
to any person that the goods will actually be put up, and that the advertiser is therefore free to withdraw the goods from the auction at any time prior to the auction. All three judges concurred but issued separate judgments.
127:
submitted the advertisement of a sale did not constitute a contract that any particular lot or class of lots would actually be put up for sale.
233:
275:
255:
115:
papers that certain items, including brewing equipment and office furniture, would be placed up for auction over three days in
265:
270:
83:
280:
260:
177:
185:
120:
169:
150:
99:
87:
229:
193:
116:
201:
249:
161:
223:
94:. The case established that an advertisement that goods will be put up for
145:
91:
155:
95:
112:
71:
Contract, offer, auction, withdrawal of goods, mere declaration
173:
1 E&E 295, 309, 28 LJ 18, auction without reserve
65:
57:
52:
44:
36:
28:
23:
8:
20:
111:The Defendant placed an advertisement in
228:. Taylor & Francis. pp. 33–37.
214:
7:
61:Blackburn, Quain and Archibald, JJ.
14:
86:concerning the requirements of
1:
181:6 B&S 420; 34 LJ (QB) 229
276:High Court of Justice cases
222:Oughton (17 October 2000).
297:
256:English agreement case law
225:Sourcebook on Contract Law
82:(1873) LR 8 QB 286 is an
70:
32:High Court, Queen's Bench
16:English contract law case
98:does not constitute an
90:in the formation of a
186:Williams v Carwardine
266:Lord Blackburn cases
151:Offer and acceptance
88:offer and acceptance
271:1873 in British law
178:Mainprice v Westley
79:Harris v Nickerson
48:(1873) LR 8 QB 286
24:Harris v Nickerson
235:978-1-84314-151-8
194:Spencer v Harding
170:Warlow v Harrison
75:
74:
288:
281:Auction case law
261:1873 in case law
240:
239:
219:
197:Law Rep 5 CP 561
117:Bury St. Edmunds
84:English law case
53:Court membership
21:
296:
295:
291:
290:
289:
287:
286:
285:
246:
245:
244:
243:
236:
221:
220:
216:
211:
142:
133:
109:
17:
12:
11:
5:
294:
292:
284:
283:
278:
273:
268:
263:
258:
248:
247:
242:
241:
234:
213:
212:
210:
207:
206:
205:
202:Barry v Davies
198:
190:
189:4 B&Ad 621
182:
174:
166:
158:
153:
148:
141:
138:
132:
129:
108:
105:
73:
72:
68:
67:
63:
62:
59:
58:Judges sitting
55:
54:
50:
49:
46:
42:
41:
38:
34:
33:
30:
26:
25:
15:
13:
10:
9:
6:
4:
3:
2:
293:
282:
279:
277:
274:
272:
269:
267:
264:
262:
259:
257:
254:
253:
251:
237:
231:
227:
226:
218:
215:
208:
204:
203:
199:
196:
195:
191:
188:
187:
183:
180:
179:
175:
172:
171:
167:
164:
163:
159:
157:
154:
152:
149:
147:
144:
143:
139:
137:
130:
128:
124:
122:
118:
114:
106:
104:
101:
97:
93:
89:
85:
81:
80:
69:
64:
60:
56:
51:
47:
43:
40:25 April 1873
39:
35:
31:
27:
22:
19:
224:
217:
200:
192:
184:
176:
168:
162:Payne v Cave
160:
134:
125:
110:
78:
77:
76:
18:
250:Categories
209:References
121:High Court
165:3 TR 148
146:Contract
140:See also
131:Judgment
92:contract
66:Keywords
45:Citation
156:Auction
96:auction
37:Decided
232:
113:London
107:Facts
100:offer
29:Court
230:ISBN
252::
123:.
238:.
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.