Facts
- An auctioneer withdrew goods from an auction when a bid had been correctly placed
- The auction was advertised as one without reserve
Issue
- Could the auctioneer withdraw the item after the bid had been placed
Decision
- No withdrawal
Reasoning
- An auction without reserve is an offer to sell to the highest bidder
- Although the contract does not involve the auctioneer, consideration is provided by the benefit to the auctioneer for increasing the price
