REJECTION ON INSOLVENCY. 31 



walls or door of tlie market or place of auction, (a) Where 

 there are no written or printed conditions, parole evidence is 

 admissible to prove an additional condition alleged to have 

 been made by the auctioneer. (6) 



The remedy where there has been unfair bidding by or on 

 behalf of the exposer is, if possible, to reduce all the offers 

 after the last bona fide offer, and to hold the last bona fide 

 purchaser to be the purchaser ;(c) but where that is impos- 

 sible, the remedy is to reduce the sale in toto. (d) A sale by 

 an auctioneer after the auction is over is an ordinary sale.(e) 



An auctioneer has a lion over a horse for the price 

 thereof,(/) and horses sent to an auctioneer are privileged from 

 distress for rent.^g) 



When property is sold in lots described particularly, a 

 buyer is only affected with notice applicable to the lot he 

 buys ; and is not to be taken as having read all the particu- 

 lars of all the lots.(/i) In England, the price does not vest 

 till expiry of the time of rejection on a warranty. (2') In 

 Scotland, this is usually provided for in the conditions of 

 sale.(j) Wlien a sale by auction is advertised, and a pur- 

 chaser is put to expense m coming to the sale he has no 

 claim therefor if one or more of the horses advertised for 

 sale be not put up to auction, (/c) 



29. Rejection on Insolvency. — The buyer should reject a 

 horse if he is insolvent or vergens ad inopiam ; (I) because 

 if actual delivery of a horse is given, it cannot be rejected 



(a) Mensard, cit., p. 29. See also White db Co. v. Dougherty, 1891, IS R. 972. 



(b) Christie v. Hunter, 1880, 7 R. 729. 



(c) Faulds V. Corbet, 1859, 21 D. 587. 



(d) Shicll V. Guthrie's Trs., 1874, 1 R. 1083. 



(e) Mcivs V. Carr, 1856, 26 L.J. Ex. 39. 



(/) Robinson v. Butter, 1855, 24 L..L, Q.B. 250 ; B. Pr. 1315. 



(g) Williavis v. Holmes, 1853, 22 L.J. Ex. 283. See § 89. 



(h) Curtis V. Thomas, 1875, 33 L.T., N.S. 664. 



(i) Hardingham V. Allen, 1848, C.B. 793. 



(j) SeeAppx. iv. 



(h) Bcxwcll, cit., 1776, Cowp, 397 ; Harris v. Niclcerson, 1873, L.R. 8 Q.B. 286. 



(0 Watt V. Findlay, 1846, 8 D. 529, 532 ; Boolccr v. Milne, 1870, 9 M. 314. 



