Payne v. Cave

3 Term R. 148 (1789)

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Nature of the Case

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Facts

P possessed a wormtub and a pewter worm and they were to be sold at auction by S.M the agent of P. The terms of the condition of sale were the normal terms and conditions of sale for goods at auction. D bid on the lot in question for 40 pounds during a bidding process that included several bidders of which D was the last bidder. The auctioneer then said that the worm weighed at least 1,300 cwt. and was worth far more than 40 pounds. Then D asked him if he would warrant that it weight that much and after receiving an answer in the negative, D then declared that he would not take the item and refused to pay for it. The hammer had not been knocked down at that point in time. It was resold later that day for 30 pounds, and D was sued for the difference. Lord Kenyon found that D was at liberty to withdraw his bidding at any time before the hammer was knocked down and nonsuited P.