REPOSITORIES AND AUCTIONS. 49 



made by himself or agent, is a sufficient warranty of the 

 ownership, and an assertion by an Auctioneer that all the 

 Horses in a sale are the bona fide property of the person 

 whose stud he has advertised as selling, would vitiate the 

 purchase of a Horse belonging to another party, made on 

 the faith of that representation, such Horse having been 

 put into the sale without notice ; because the purchaser 

 would probably give a much higher price for a Horse 

 belonging to the stud in question, than for one without a 

 character (//) ; and the following case goes much further, 

 for where the defendant, erroneously supposing that a 

 picture had been in the possession of Sir F. Agar, pur- 

 chased it from the agent of the plaintiff, who, though 

 aware of the defendant's mistake, did not undeceive him ; 

 Lord Ellenborough held, that the plaintiff could not re- 

 cover the sum for which the picture was sold, the price 

 being probably enhanced by the error {z) . 



Where an Auctioneer sells a commodity without saying Auctioneer 

 on whose behalf he sells it, in such case the purchaser is "?* disclosing 

 entitled to look to him personally for the completion of the "'^ pimcipa . 

 contract {a), and the same rule, according to the general 

 law of principal and agent, applies to purchasers [h). 



An Auctioneer is not in the position of an ordinary Liability for 

 agent, but may be personally liable for non-delivery of iioii-<lelivery. 

 goods, even though he sells for a disclosed principal, and 

 although a condition of sale, by which goods are to be 

 cleared out by the purchaser within a given time, has not 

 been complied with, at all events where such condition is 

 not a condition precedent (c) . 



Where a Horse is bid up by a Puffer, and one condition Puffing, 

 of the auction is, that the highest bidder is to be the pur- 

 chaser, the vendor cannot recover the price (c/). The law 

 on this point was fully considered by the Court of Com- 

 mon Pleas in the following case : — An action was brought 

 by the plaintiff to recover the value of a Horse sold by 

 him to the defendant, at a public auction at Alcbidge's 

 Repository. It appeared that it was one of the conditions 



{y) Bexwell v. Christie, Cowp. jmrt, 9 B. & C. 86 ; and post, 54, 



397; and see Bradshaiv^ s case, there Williamson v. Barton. 



cited. (c) Woolfe v. Home, L. R., 2 Q. 



(--) mil V. Gray, 1 Stark. N. P. B. D. 355"; 46 L. J., Q. B. 534; 36 



C. 434. L. T., N. S. 705 ; 25 W. R. 728. 



(«) Hanson v. Roberdeau, 1 Peake, {d) Bilmore v. Hood, 5 N. C. 97; 



163. Green v. BaverstocJc, 32 L. J., C. P. 



{b) As to principal and agent, 181. 

 see the rule iu Thompson v. JJaren- 



O. E 



