How have courts interpreted the principle of a plaintiff providing a piano forte to an auctioneer and instructing him to sell it for £40?
Alberta, Canada
The following excerpt is from R. v. Henwood, 2017 ABPC 166 (CanLII):
This principle is set out in the pre-Confederation decision Gunn v. Gillespie (1845), 2 U.C.Q.B. 151. In Gunn, the plaintiff provided a piano forte to an auctioneer, and instructed him to sell it for £40. The piano forte remained unsold, and the plaintiff then instructed the auctioneer to return it to him. Before the auctioneer had a chance to do so, the defendant made an offer of £40 for the piano, which the auctioneer accepted. The plaintiff sued (apparently for return of the piano). The jury found in favour of the defendant and this finding was appealed.
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