The expansion of modern modes of commercial dealing such as “e-commerce” has prompted considerable discussion amongst academics and practitioners alike on the application of the traditional rules of contract law to 21st century business. The case of Barry v. Davies 1 has, on the other hand, recently provided the Court of Appeal with an opportunity to reconsider traditional principles of contract law within the context of an archetypal 19th century commercial arena: the auction house. The dispute concerned the ability of an auctioneer to withdraw items from a non-reserved auction sale, after the commencement of bidding. Sir Murray Stuart-Smith held (Pill, L.J., concurring) that in a sale stated to be non-reserved the auctioneer had no such right, on the ground that he had contracted with the highest bidder to sell to the highest bidder.