Case Summary - Spencer v Harding [1870]
Facts of the case A circular was advertised by the defendant. It stated that ‘we are instructed to offer to the wholesale trade for sale by tender the stock in trade of Messrs G Eilbeck & Co… which will be sold at a discount in one lot’ The plaintiff made the highest bid. However, it was not accepted by the defendant. Held Per Willes J, it was held that the circular was a mere attempt to ascertain whether the offer can be obtained within such margin as the sellers are willing to adopt. The circular did not amount to offer to accept to the highest bid. As a conclusion, the defendant had not obligation to accept the bid from the plaintiff.
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