Case Brief: Harris v Nickerson

Harris v Nickerson (1873) LR 8 QB 286 (QB)

The defendant auctioneer advertised that lots, including certain office furniture, would be sold by him at Bury St Edmunds on specified days. The plaintiff had a commission to buy this furniture and travelled from London for the sale. However, the lots were withdrawn from sale. The plaintiff brought an action against the defendant to recover for his loss of time and expenses.

Held: He had no such right of action. The advertisement was only an invitation to treat and did
not amount to a promise that all of the articles advertised would be put up for sale.

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