SALE BY AUCTION. 27 



" without reserve," or at the pleasure of the compan^^ the 

 plam meaning of this is that the seller shall not bid, (a) and 

 the highest bona fide bidder is entitled to have the sale 

 reduced against a fictitious bidder ; (h) or, if that is impos- 

 sible, to have an action against the auctioneer, (c) Where 

 a horse is bid up by a " white bonnet," and there is a con- 

 dition that " the highest bidder is to be the buyer," the seller 

 cannot recover the price. (cZ) In regard to this matter, Chief 

 Justice Best said, (e) " A man goes to a sale, and is told that 

 if he is the highest bidder he shall have the article. He bids 

 a certain sum, and a person (emj)loyed by the seller), whom 

 he does not know, attends the sale and puifs against him, 

 and in consequence of that he is compelled to pay a much 

 larger price than he would otherwise have paid. Is not this 

 a gross fraud ? . . . I am of opinion that a person acts in 

 opposition to the conditions of sale, where the highest bidder 

 is to be the buyer, if he employs a person to bid for the pur- 

 jDOse of enhancing the price." 



In all cases the biddings must be fair and not collusive. 

 Thus, where the offerers at a public sale had combined to 

 smother competition, and thus enable one of their number to 

 buy the subject at an under value, the proceeding was held 

 fraudulent, and the sale was not only held void, but the 

 guilty party was subjected in damages. (/) It is also unlaw- 

 ful to bribe another to refrain from bidding. (^) 



An exposure by auction implies that the descriptions given 

 shall not be deceitful, (h) 



27. Duties of the Auctioneer. — The judge of the roup is 



(«) FauMi V. Corbet, 1859, 21 D. 587. 

 (6) Faulds, cit. 



(c) Warlow v. Harrison, 1859, 29 L.J., Q.B. 14. 

 (rf) Green v. Baverstock, 18G3, 32 L.J., C.P. 181. 



(e) C'rowder v. Austin, 1825, 2 C. and P. 208. See also W/iceler v. Collier, 1827. 

 M. and M. 126 ; Faulds, cit. ; Shiell, cit. 

 {/) Murray, 1783, M. 9567. 

 (g) Aitcliison, 1783, M. 9567. 

 (/t) Hill V. Gray, 1816, 1 Starkie, 434 (1 111. 16). 



