Facts
Uncle Paul Felthouse was a builder who lived in London. He wanted to buy the horse Sizing Europe off his nephew, John Felthouse. After a letter from the nephew about a previous discussion in buying the horse, the uncle replied saying,
"If I hear no more about him, I consider the horse mine at £30 and 15s."
The nephew did not reply. He was busy at auctions on his farm in Tamworth. He told the man running the auctions, William Bindley, to not sell the horse. But by accident, Bindley did. Uncle Felthouse then sued Bindley in the tort of conversion - using someone else's property inconsistently with their rights. But for the Uncle to show the horse was his property, he had to show there was a valid contract. Bindley argued there was not, since the nephew had never communicated his acceptance of the uncle's offer.
Read more about this topic: Felthouse V Bindley
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“All public facts are to be individualized, all private facts are to be generalized.”
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