Harding sent out a circular which stated
"We are instructed to offer to the wholesale trade for sale by tender the
stock in trade of Messrs. G. Eilbeck & Co. amounting as per stock-book to
£2503 13s 1d, and which will be sold at a discount in one lot. Payment to be
made in cash. The stock may be viewed on the premises, up to Thursday, the 20th
instant, on which day, at 12 o'clock at noon precisely, the tenders will be
received and opened at our offices.' Spencer claimed that the circular was an
offer which he had accepted by submitting the highest tender.
Q Harding's circular amounted toNothing
more than an invitation to treat and was, therefore, incapable of being
accepted by Spencer
