Felthouse v Bindley

Paul Felthouse was a builder who lived in London. He wanted to buy a horse from his nephew, John Felthouse. After a letter from the nephew concerning a discussion about buying the horse, the uncle replied saying "If I hear no more about him, I consider the horse mine at £30.15s." The nephew did not reply. He was busy at auctions on his farm in Tamworth. He told the man running the auctions, William Bindley, not to sell the horse. But by accident, Bindley did. The uncle, Paul 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. ==Judgment==

The court ruled that Felthouse did not have ownership of the horse as there was no acceptance of the contract. Acceptance must be communicated clearly and cannot be imposed due to silence of one of the parties. The uncle had no right to impose a sale through silence whereby the contract would only fail by repudiation. Though the nephew expressed interest in completing the sale there was no communication of that intention until after the horse was sold at auction on 25 February. The nephew's letter of 27 February which was submitted as evidence by Felthouse was judged to be the first instance of communication where the acceptance was communicated to the offeror(Felthouse).And by this time, the horse had already been sold. Accordingly Felthouse had no interest in the property. Willes J delivered the lead judgment. The result was affirmed in the Court of Exchequer Chamber, (1863) 7 LT 835. ==See also==