Barry v Heathcote Ball & Co (Commercial Auctions) Ltd
Series: Estates Gazette ; [2000] 47 EG 178-182(5)Publication details: 2000Subject(s): Summary: 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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS63088 (Browse shelf(Opens below)) | 1 | Available | 109716-1001 |
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.