Moore v. Berry

1 Citing case

  1. Travis v. Horse Breeders

    111 Wn. 2d 396 (Wash. 1988)   Cited 75 times
    Holding that the public interest element was met when the defendants sold a defective racehorse to the plaintiff because the sale was conducted in the course of business and the defendants' long standing sales practice would likely affect other customers, jockeys and the betting public

    Finally, this sale was in the context of an auction where the "conditions prescribed by the seller or owner and announced at the time and place of the auction are binding on the purchaser whether or not he knew or heard them." Continental Can Co. v. Commercial Waterway Dist. 1, 56 Wn.2d 456, 459, 347 P.2d 887, 354 P.2d 25 (1959) (quoting Moore v. Berry, 40 Tenn. App. 1, 288 S.W.2d 465 (1955)). See RCW 62A.2-328; Restatement (Second) of Contracts ยง 28, comment e (1981). None of the cases cited by Travis to show the applicability of Berg to this case involve an auction.