Fenwick v. Macdonald, Fraser, & Co., Ltd [1904] ScotLR 41_688 (29 June 1904)

Fenwick v. Macdonald, Fraser, & Co., Ltd [1904] ScotLR 41_688 (29 June 1904)

Under the Sale of Goods Act 1893, sec. 58(2), no contract of sale is concluded at auction until the auctioneer announces completion by the fall of the hammer; until then, both the bidder and the owner may withdraw. The pursuer, as highest bidder, was not entitled to be declared purchaser or to damages, as no sale...

Source-derived case information.

Citation
[1904] ScotLR 41_688
Parties
Pursuer: Herbert George Fenwick; Defender: Macdonald, Fraser, & Company, Limited; Defender: Claude Hamilton
Jurisdiction
Scotland
Judgment Date
29 June 1904
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
defenders assoilzied (absolved); interlocutor of Lord Ordinary affirmed
Legal Topics
Sale by Auction, Conditions of Sale, Completion of Sale, Withdrawal of Goods, Sale of Goods Act 1893
Contract Law Commercial Law Sale by Auction Conditions of Sale Completion of Sale Withdrawal of Goods Sale of Goods Act 1893

Source-derived case record

Summary, issues, holding and outcome

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Parties

Herbert George Fenwick

Pursuer

Macdonald, Fraser, & Company, Limited

Defender

Claude Hamilton

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether a sale by auction is complete before the fall of the hammer under the Sale of Goods Act 1893, sec. 58(2)
  2. 2 Whether the owner or auctioneer can withdraw the lot before the fall of the hammer in an unreserved sale
  3. 3 Whether the pursuer, as highest bidder, was entitled to be declared purchaser and claim damages

Ratio Decidendi

Under the Sale of Goods Act 1893, sec. 58(2), no contract of sale is concluded at auction until the auctioneer announces completion by the fall of the hammer; until then, both the bidder and the owner may withdraw. The pursuer, as highest bidder, was not entitled to be declared purchaser or to damages, as no sale was completed.

Court Disposition

defenders assoilzied (absolved); interlocutor of Lord Ordinary affirmed

Orders

  • Action dismissed
  • Pursuer not entitled to delivery or damages