- Published on
Spencer v Harding (1870) CCP
The defendant’s circular advertised that ‘we are instructed to offer to the wholesale trade for sale by tender the stock in trade of Messrs G Eilbeck & Co…which will be sold at a discount in one lot’. The plaintiff made the highest bid, but the defendant did not accept it.
Held the circular was (per Willes J) ‘a mere attempt to ascertain whether an offer can be obtained within such a margin as the sellers are willing to adopt’. It did not amount to a contractual offer to accept the highest bid. Therefore, the defendant had no obligation to accept the plaintiff’s bid.
The defendant’s circular advertised that ‘we are instructed to offer to the wholesale trade for sale by tender the stock in trade of Messrs G Eilbeck & Co…which will be sold at a discount in one lot’. The plaintiff made the highest bid, but the defendant did not accept it.
Held the circular was (per Willes J) ‘a mere attempt to ascertain whether an offer can be obtained within such a margin as the sellers are willing to adopt’. It did not amount to a contractual offer to accept the highest bid. Therefore, the defendant had no obligation to accept the plaintiff’s bid.
0 Comments