30 SALE BY AUCTION. 



purchaser, it was held that such proof was incompetent, 

 there being written articles of sale containing no such 

 provision, (a) 



In another case, a party made a purchase of horses at 

 a sale by auction, one of the conditions of which was that, 

 should the purchase money not be made good within twenty- 

 four hours, the disposer was to be at liberty to resell the 

 horses with or without notice to the purchaser, who should 

 be debtor to the disposer for any loss arising out of the 

 non-fulfilment of the bargain, including commission on the 

 resale, keep, and all other charges. The purchaser failed to 

 pay, and the horses were resold. It was held — l.s^, That 

 the sale must be held to have taken place under the condi- 

 tions of sale ; 2nd, that it was not necessary for the sellers 

 to prove that these conditions had been read or publicly 

 exhibited at the sale ; and Srd, that the sellers were 

 entitled to the difference of price, expense of keep, commis- 

 sion on resale, and other charges due to non-fulfilment. (6) 

 Again, a condition of sale was in these terms, " Purchasers 

 must satisfy themselves with the condition, quality, and 

 description of the subjects previous to bidding, as no lot will 

 be taken back or exchanged, or any other abatement made 

 from the purchase price." A horse was sold without war- 

 ranty or representation, but was known by the exposers to 

 have certain defects which were not disclosed, and mio'ht 

 have been discovered on examination. The purchaser 

 refused to pay the price, but was held liable for it, there 

 being no fraud by the exposers, inasmuch as the sale was 

 with all faults, (c) 



Sufficient notice of conditions of sale is given when they 

 are printed along with the catalogue to be obtained in the sale- 

 room :(cZ) or if there are no printed conditions, when written 

 conditions are pasted up on the auctioneer's box, or on the 



(rt) Lang v. Bruce, 1832, 10 S. 777. 

 (6) Eain v. Laing, 1853, 15 D. 667. 



(c) Yeats v. Bcicl, 1884, 21 S.L.R. 693. 



(d) Hain, cit. ; Macdonald v. Henderson, 1882, 10 K. 95. 



