The facts: the claimant wrote to his nephew offering to buy the nephew' horse,adding if I hear no more about him,I consider the horse mine'. the nephew intended to accept his uncle's offer but did not reply.He instructed the defendantan auctioneer, not to sell the horse.owing to misunderstanding the horse was sold to someone else.the uncle sued the auctioneer.Question: based on the facts above, give your decision.