SALE BY AUCTION. 29 



Apart from exceptions in the conditions of sale, an auctioneer 

 is responsible to the owner for the custody of a horse sent 

 to him for sale till it is sold ; after sale he is custodier for 

 the buyer ;(a) but if a horse is put up to auction and 

 not sold, and the auctioneer request the owner to take it 

 awa}", the custody of it reverts to the owner. (6) If there 

 be an error in a catalogue, it may be corrected by the 

 auctioneer ; and if the correction be heard by the purchaser, 

 he cannot plead the error in defence to an action for the 

 price, (c) 



28. Conditions of Sale.((:?) — Particular conditions are often 

 introduced into sales of horses by auction. As, for example, 

 that the exposer shall be allowed one or more biddings ; or 

 that each bid shall exceed the previous one by a certain 

 amount ; or that the bid of an offerer shall be binding on the 

 failure of a higher offer; or that part payment must instantly 

 be made ; or that horses returned as disconform to warranty 

 must be accompanied by a V.S. certificate, (e) In nearly all 

 auction sales of horses a time limit is fixed for rejection, (/) 

 and almost invariably there is a condition to the effect 

 that horses disconform to warranty shall be tried by the 

 auctioneer, or some one appointed by him, whose decision 

 shall be final. (^) All such conditions are to have their fair 

 construction, and are not to be overruled by any verbal 

 declaration of the auctioneer. (^) Thus, in a sale of cattle 

 by auction, where an offer was made to prove that the 

 auctioneer declared orally at the sale, that on the lots being 

 knocked down they were to be held as delivered to the 



(rt) Emmerson v. ffeelis, 1809, 2 Taunt. 38. 



(b) Reniuick v. Von Rotherg, 1875, 1 R. 855. 



(c) Eden V. Blahe, 18i5, 1-3 M. and W. 614. 

 {(l) See Appx. iv. 



(e) Biju-ater v. Richardson, 1834, 1 A. and E. 508 ; Mmsard v. Aldridrje, 1801, 

 3 Esp, 271 ; Hendrie v. Steimrt, 1842, 4 D, 1417. 



(/) See § 43 ; also Best v. Osborne, 1824, 2 C. and P. 74 ; Bijivater, cit. 

 (<7) Ilinchcliffe v. Barwich, 1880, Ty.R. 5 Ex. D. 177. 

 (A) Uorsfall v. Fauntlcroy, 1830, 10 B. and Cr. 755. 



