An uncle wanted to buy his nephew’s horse, therefore he negotiated the sale of it with his nephew. The uncle stated ‘if I hear no more from you I shall consider the horse mine at £30.15s’ The Nephews stock was then auctioned. The auctioneer failed to withdraw the horse from sale as the nephew had instructed and it was sold to another party. The uncle needed to prove a contract existed for the sale and purchase of the horse. His action failed.