Sly v. First Nat. Bank of Scottsboro (1980)
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· 16 citation events
across 11 courts.
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Williams v. Janson (2022)
Bank of Scottsboro, 387 So. 2d 198, 200 (Ala. 1980) (statement that property would be sold to “the ‘highest, best and last bidder’ . . . cannot reasonably be construed to mean the defendant was obligated to sell under any circumstance”). “[S]uch statements are usually merely preliminary negotiation, not intended and not reasonably, understood to be intended to affect legal relations.” 1 Timothy Murray, Corbin on Contracts § 4.14 (rev. ed. 2017).6 Furthermore, the Court canno…
statement that property would be sold to “the ‘highest, best and last bidder’ . . . cannot reasonably be construed to mean the defendant was obligated to sell under any circumstance”
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Frank Crain Auctioneers, Inc. v. Delchamps (2000)
"There is no breach of contract unless there was previously an offer and acceptance." Sly v. First Nat'l Bank of Scottsboro, 387 So.2d 198, 200 (Ala.1980) (emphasis added).
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Cuba v. Resolution Trust Corp. (1994)
Bank of Scottsboro, 387 So.2d 198, 200 (Ala.1980) (finding that the parties had not established a contract because the defendant had pre-’ sented the item for sale with reserve — thereby allowing the defendant “to withdraw the goods or to accept or reject any bid”- — and was thus entitled to reject the plaintiffs high bid even after the auction was completed).
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William S. Kaye, as Receiver for Barterline, Ltd. v. Pawnee Construction Company, Inc., Birmingham Trust Nati… (1982)
See Sly v. First National Bank, 387 So.2d 198 (Ala. 1980); Nobility Homes, Inc. v. Ballentine, 386 So.2d 727, 730 (Ala. 1980); Marshall v. Crocker, 387 So.2d 176 (Ala.1980).
See Sly v. First National Bank of Scottsboro, 387 So. 2d 198, 200 (Ala. 1980) (holding that a potential buyer unreasonably relied on the seller’s declaration that the property would sell to the “highest, best and last bidder”). ¶ 40 Further lessening any potential reliance Thompson could have had is Tunney’s subsequent email, which spoke in much less concrete language, and contemporaneous statements made by Tunney that were reported in a news article.
holding that a potential buyer unreasonably relied on the seller’s declaration that the property would sell to the “highest, best and last bidder”
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Restaurant Supply, LLC v. Giardi Ltd. Partnership (2019)
Appx. 124 , 126 (2d Cir. 2018) ; id., at 125 (applying New York's sale by auction statute that contains language identical to § 42a-2-328 ); see also, e.g., Sly v. First National Bank of Scottsboro , 387 So.2d 198 , 200 (Ala. 1980) (applying identical language and concluding that seller's use of phrase " 'highest, best and last bidder' " did not transform auction into auction without reserve).
applying identical language and concluding that seller's use of phrase " 'highest, best and last bidder' " did not transform auction into auction without reserve
See Drew v. John Deere Co. of Syracuse, 19 A.D.2d 308 , 241 N.Y.S.2d 267, 270 (1963); see also Sly v. First Nat’l Bank of Scottsboro, 387 So.2d 198, 200 (Ala.1980).
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Roney v. Ray (1983)
See Sly v. First National Bank of Scottsboro , 387 So.2d 198 (Ala. 1980).