Harris v Nickerson (1872) LR 8 QB

Material Facts:

The defendant, an auctioneer, advertised that some brewing materials, furniture, and plants. In response, the plaintiff attended the sale on the advertised date, but the goods advertised were withdrawn by the defendant. The claimant sued to recover his expenses and lost time.

Issue:

1. Whether or not the advertisement of the auction constitutes a binding offer for the sale of the materials.

Holding:

1. It was held that the advertisement of the auction was merely to inform potential buyers of the sale and not an offer.

Reasoning:

The Queen’s Bench Division held that an advertisement of auction is not an offer to sell and the advertiser is at liberty to withdraw the goods initially advertised.