Felthouse v Bindley
(1862) 142 ER 1037
Facts
Paul Felthouse offered to buy a particular horse from his nephew and stated (in a written offer) that ‘if I hear no more about him, I consider the horse mine at £30 15s’. His nephew did not reply but instructed the auctioneer, Bindley, not to sell the horse. Bindley mistakenly sold the horse. Felthouse sued the auctioneer for conversion . Was there a contract between Felthouse and his nephew for the sale of the horse?
Held
Felthouse could not impose a sale of the horse on his nephew by requiring him to notify Felthouse if he did not wish to sell on those terms. There was no communication of acceptance before the sale; consequently the nephew was not bound to sell Felthouse the horse on the day of the auction.
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