Professional Documents
Culture Documents
WARLOW V
HARISSON
1859
PARTIES INVOLVED
The Plaintiff
Mr. Warlow, a bidder at a public auction
The Defendant
Mr. Harisson, the auctioneer
Source: mikebrandlyauctioneer.wordpress.com
PUBLIC AUCTION
Sale of a horse by public auction
W I T H O U T R E S E RV E
The Auction Neither the vendor nor any person in his/her behalf
shall bid at the auction
As Advertised by the
auctioneer
S O L D TO T H E H I G H E S T B I D D E R
Whether or not the sum bid be equivalent to the real
value
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EVENTS AT THE AUCTION
1 2 3 4
The plaintiff Owner of the Plaintiff refuses Auctioneer
bids 60 horse bids 61 to make further declares the
guineas for guineas bids owner as highest
the horse bidder
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THE PLEADING
The DEFENDENT claims he did not know that the bidder was
the owner of the horse
The PLAINTIFF claims the horse was his since he was the
highest bona fide purchaser at an unreserved sale
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THE CONTRACT
Legal The auctioneer who puts the property up for sale
upon such a condition pledges himself that the
Grounds to sue sale shall be without reserve
Warlow v Harisson
RIGHT OF ACTION
The highest bona fide bidder at an auction may
sue the auctioneer as upon breach of this contract
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HOLDING
Plaintiff had no claim since there was no
agency relationship between the Plaintiff and
the Defendant
Source: mikebrandlyauctioneer.wordpress.com