Barry -v- Davies (T/A Heathcote Ball & Co) and Others; CA 27-Jul-2000

The claimant sought damages from an auctioneer who had failed to accept his bid, and withdrawn the items from the sale.
Held: In an auction without reserve the auctioneer was not entitled to withdraw an item on the basis that the highest or only bid was too low. To do so was to put himself in a position as if he was bidding for the seller, and that was not allowed save under the Act. The auctioneer himself was liable in damages to the disappointed bidder in a sum equivalent to the market value less the rejected bid.

Court: CA
Date: 27-Jul-2000
Statutes: Sale of Goods Act 1979 57(4)
Links: Times, Gazette, Bailii,
References: [2000] EWCA Civ 235,

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Filed under Agency, Consumer, Contract, Damages

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