Barry v Heathcote Ball

Facts

Two machines worth about £14,000 each were auctioned without reserve. The only bid was the claimant's £200 each. The auctioneer refused to sell.

Issue

Was the auctioneer bound to sell to that bidder?

Held

Yes. There was a collateral contract. Damages were £27,600. The Court of Appeal followed Warlow v Harrison.

Principle

An auctioneer who sells without reserve promises to sell to the highest bidder.

Why it matters

It turns the dicta in Warlow into a holding a student can cite.

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