REPOSITORIES AND AUCTIONS. 43 



the occasion, or by a person witliout authority, or the 

 occupation has been acquired by the Auctioneer by any 

 act of trespass {b) . 



An Auctioneer, who is employed to sell goods by public His right to 

 auction, has not such an interest as will make the licence remamonthe 

 to enter the premises irrevocable. Therefore, where the 

 owner of the premises revoked his consent to the Auc- 

 tioneer remaining there, it was held that he had no right 

 to continue there, though he had incurred expenses in 

 allotting the goods, and though he remained only to 

 complete the sale by delivering the goods to the pur- 

 chasers (c). 



After a sale is effected, the Auctioneer may in general Auctioneer or 

 be considered as the agent and witness of both the parties 9^^^^ ageiit of 

 to a contract ; but a difficulty arises in the case where " ^'^^ ^^^' 

 the Auctioneer sues as one of the contracting parties {d), 

 because the agent, whose signature is to bind the de- 

 fendant, must not be the other contracting party upon 

 the record {e). However, an entry made in a sale book 

 by the Auctioneer's clerk who attends the sale, and as 

 each lot is knocked down names the purchaser aloud, and 

 on a sign of assent from him makes a note accordingly in 

 the book, is a memorandum in writing by an agent within 

 the Statute of Frauds ; for the clerk is not identified with 

 the Auctioneer (who sues), and in the business which lie 

 performs of entering the names, &c., he is impliedly 

 authori2;ed by the persons attending the sale to be their 

 agent (/). 



But if the purchaser's name be signed to a Catalogue, it Purchaser's 

 must be connected with or refer to the conditions of sale to ^ame signed 

 make the contract valid (g) ; and it is not sufficient if they logue. 

 are even in the same room, so long as they are not actually 

 attached to the Catalogue, or clearly referred to in it ; and 

 if during the sale they get separated, the signatures made 

 after separation are unavailing {h). 



{b) Brown v. Arumlell, 10 C. B. p. 27 ; Bird v. Bolton, 4 B. & 



54 ; S. C. IG L. T. 126. Adol. 443 ; see Sugd. Vend. & 



(e) TapUn v. Florence, 10 C. B. Purch. 14th ed. 147. 



744 ; see -S'. C. 15 Jur. 402. {/)) Ilindc v. Whitchoiise, 7 East, 



{d) Wright v. Dannah, 2 Camp. 568. 



203. {h) Kenworthy v. Scholficld, 2 B. 



(e) Farehrothcr v. Simmonds, 5 B. & C. 945. S(?e also Pierce v. Corf, 



& A. 333. And sec Sharman v. L. K, 9 Q. B. 210; 43 L. J., 



Brandt, L. E., 6 Q. B. 720; 40 Q. B. 52; 29 L. T., N. S. 919; 22 



L. J., Q. B. 312 ; 19 W. R. 036, W. E,. 299 ; Eishton v. Whatmorc, 



Ex. Ch. L. R., 8 Ch. D. 467 ; 47 L. J., Ch. 



(/) 29 Car. 2, c. 3, and see ante, 629 ; 26 W. E,. 827. 



