Australian Vin Thomas placed his 1946 World War II Wirraway plane for sale on eBay. The plane reportedly is one of only five in the world still flying. Peter Smythe, also of Australia, matched the $128,640 reserve price moments before the online auction ended in 2006. Thomas then declined to convey the airplane to Smythe apparently because Thomas had already agreed to sell the plane to another party for $85,800 more than Smythe’s bid. The case involved, among others, a pair of issues frequently arising in contracts law disputes:
(1) Did the facts (the eBay auction) create a contract?
(2) Can Thomas change his mind about selling the plane to the highest bidder?