Barry v Heathcote Ball & Co (Commercial Auctions) Ltd
Barry v Heathcote Ball & Co (Commercial Auctions) Ltd
- 2000
- Estates Gazette [2000] 47 EG 178-182(5) .
CA 27 July 2000. The appellent (H) ran an auction business. H accepted two new machines to be sold without reserve at an auction on 25 June 1997. At the auction H gave a price of £14,000 per machine. The respondent (B) was the only bidder, and bid £200 for each machine. H did not accept the bids and withdrew the machines claiming he could get more money selling them elsewhere. B claimed damages on the grounds that he was the highest bidder, and sought the difference between his bid of £400 and the value of both machines of £28,000. Court decided a collateral contract existed between the auctioneer and the highest bidder, and withdrawing a lot would only apply if a dispute had occurred between bidders. H appealed against liability and damages assessment. "Held: appeal dismissed". The Sale of Goods Act 1979 s57 must be complied with if the auctioneer is to bid in a sale by auction without reserve.
SALE OF GOODS ACT 1979 S57
Auctioneering
WITHOUT RESERVE
COLLATERAL CONTRACTS
BARRY V HEATHCOTE BALL & CO (COMMERCIAL AUCTIONS) LTD
CA 27 July 2000. The appellent (H) ran an auction business. H accepted two new machines to be sold without reserve at an auction on 25 June 1997. At the auction H gave a price of £14,000 per machine. The respondent (B) was the only bidder, and bid £200 for each machine. H did not accept the bids and withdrew the machines claiming he could get more money selling them elsewhere. B claimed damages on the grounds that he was the highest bidder, and sought the difference between his bid of £400 and the value of both machines of £28,000. Court decided a collateral contract existed between the auctioneer and the highest bidder, and withdrawing a lot would only apply if a dispute had occurred between bidders. H appealed against liability and damages assessment. "Held: appeal dismissed". The Sale of Goods Act 1979 s57 must be complied with if the auctioneer is to bid in a sale by auction without reserve.
SALE OF GOODS ACT 1979 S57
Auctioneering
WITHOUT RESERVE
COLLATERAL CONTRACTS
BARRY V HEATHCOTE BALL & CO (COMMERCIAL AUCTIONS) LTD