Warlow v Harrison [1859]

1) The defendant Harrison,  who's an auctioneer advertised the sale 'without reserve' of a mare by public auction.

2) Plaintiff, Warlow attended the auction and bid 60G.

3) Horse owner attended too, and bid 61G.

4) Plaintiff knew that it was the horse owner who bid 61G, so he didn't bother bidding any higher.

5) Auctioneer, Harrison, knocked down the hammer 3 times to the horse owner.


Plaintiff : Held that it was the auctioneer was the plaintiff's agent to complete the contract but
failed to claim against defendant as there was no agency relationship.
(someone who represents your interest in real estate and owes you a duty)

Without Reserve - Owner could not bid on it's own property.
And the property will be sold to the highest bona fide (honest purchaser) bidder, whether the bid is equivalent to the real value of the property or not.

Held : Highest bona fide bidder at the auction may sue the auctioneer if a sale was without reserve.
There was a breach of contract between auctioneer and highest bona fide bidder, therefore the plaintiff has the right of action against the auctioneer.
Claim successful.