EEPOSITORIES AND AUCTIONS. 51 



noblest principles of morality and justice, — principles that 

 are calculated to preserve honesty between man and man. 

 The circumstance of puffers bidding at auctions has been 

 always complained of. If the first case of this kind had 

 been tried before me, perhaps, I should have hesitated a 

 little before I determined it ; but Lord Mansfield's com- 

 prehensive mind saw it in its true colours, and made a 

 precedent which I am happy to follow" (A). And this 

 decision has been further confirmed by a case in the 

 Court of Exchequer, where it was held, that in a sale by 

 auction without reserve, if a puffer be employed without 

 notice of his being there to protect the interest of the 

 seller, the sale is void (/). 



The law is so jealous of the rights of boud fide bidders, Effect of pre- 

 that it has been held as doubtful (in the Court of Common ^^°^^ P^'^^*^*^ 

 Pleas) whether a previous private warranty to a jjerson ^^^"^"^ ^" 

 who became an unsuccessful bidder would not avoid the 

 sale to a third party ; for it was like puffing, and in a sale 

 by auction, all have a right to suppose that they are bid- 

 ding upon equal terms (/). 



An agreement made by two persons not to bid against Agreement 

 each other, but that one of them should bid up to a certain ^J^ ^^^ Yl 

 sum, and that the lot should subsequently be divided other, 

 between them, is not illegal, and therefore furnishes no 

 ground for opening the biddings, or annulling the sale [k) . 



A mock auction with sham bidders, for the purpose of M:ock auc- 

 selling goods at prices grossly above their worth, is an *^°^®' 

 offence at common law, and the persons aiding and abet- 

 ting such a proceeding may be indicted for a conspiracy 

 with intent to defraud (/). 



A purchaser at an auction can, before payment, make Purchaser 

 a complete bargain and sale of the article which he has may transfer 

 bought, to a third party ; so as to maintain an action for ^^ argam. 

 Goods bargained and sold («?). 



Where a party refuses to take goods he has purchased, -where party 



(h) Crou-der v. Austin, 3 Bing. the rule prevailing in equity. See 



368 ; ,S'. C. 11 Moore, 283 ; and see Sugd. V. & P. 14th ed. 9. 

 JVheeler v. CoUier, M. & M. 126 ; {J) Hoi^kins v. Tanqneray^ 23 L. 



Sugd. V. & P. 24. J., C. P. 162. 



()■) Thornctt \. Haines, 15 L. J., [k) In re Carew^s Trusts, 26 Beav. 



Ex. 230. Lord St. Leonards in- 187. 



clined to the opinion that the seller (/) Seff. v. Lewis, 11 Cox, C. C. 



should have the right to privately 484. 



appoint one person, within a fixed (»?) Scott v. Englatid, 2 D, & L. 



limit, and only to prevent a sale at 520. 

 an under value, in accordance -with 



e2 



