FELTHOUSE v BINDLEY (1862) - OFFER & ACCEPTANCE: Communication of Acceptance


'Silence does not amount to acceptance' - Imposed by offeror?

During negotiations for the sale of a horse, the claimant wrote to his nephew stating: 'If I hear no more about him, I consider the horse is mine at £30 15s.' The nephew did not respond, but (p. 47) did instruct the defendant, an auctioneer, to reserve the horse in question because it had already been sold. By mistake, the defendant put the horse up for sale and it was sold. The claimant sued the auctioneer for the conversion of the horse (which meant that he had to show that the horse was his property at the time that it was sold).

Held: The claimant did not have property in the horse.

WILLES J: [I]t is clear that the uncle had no right to


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