Warlow v Harrison: CExC 26 Nov 1859
At an auction that was advertised as being “without reserve”, the plaintiff bid 60 guineas for a pony. The owner of the pony bid 61, and it was declared that his offer was accepted. The plaintiff argued that he ought to buy the horse since he was the bone fide bidder.
1. Whether or not a contract was concluded between the auctioneer and the plaintiff.
1. The court held that when an auctioneer puts up goods without reserve, a contract exists between the auctioneer and the bone fide highest bidder.