Felthouse v Bindley (1862) Paul Felthouse wrote to his nephew
John Felthouse offering to buy John's horse for £30 15s and added "If I
hear no more about him, I consider the horse mine at £30 15s.' John never
replied to the letter. By mistake the horse was sold by John's auctioneer,
William Bindley, to a third party. Paul Felthouse brought an action in
conversion against William Bindley. (The action was based on the claim by Paul
Felthouse that the horse had been sold to him by his nephew and that therefore
he was the owner of the horse and that William Bindley had wrongly sold his
horse). The court had to decide whether a contract had come into existence
between John and Paul.
Had John communicated his acceptance to Paul?
H: the acceptance was not communicated
