SALES. BY HORSEDEALERS, AUCTIONEERS, ETC. AO 



"wlioso request it was entered into ou tlie Sunday, 

 it cannot bo enforced. 



It has before been shown that an auctioneer is An 

 the agent of both parties to sign the memorandum may Lc tho 

 or note contcmphitcd by the Statute of Frauds, boTh buyer 

 and that he is, generally speaking, the agent of ^"fj^-^^t^^Q 

 both seller and buyer (/r), but this depends some- statute of 

 what on the facts of each particular case (/). Thus, 

 where the sale is at a private place — there the 

 auctioneer is the agent of tho seller only, and this 

 may be of consequence on the point, who is to 

 receive the pui'chase money {ni). Also, wherever 

 the place may be at which the sale takes place, the 

 auctioneer only becomes agent for the purchaser 

 when tho contract is complete by the hammer 

 being knocked down {)i) , until then he is agent for 

 the seller only. 



In Payne v. Cave (o) it was held that a bidder Xo con- 

 may at an auction retract his bidding any time until the 

 before the hammer is down. The Court said, Jl'ammer. 

 " Every bidding is nothing more than an offer on 

 one side, which is not binding on cither side until 

 it is assented to " (»). 



(/.) Kcmcorthij v. Sc/iqfield, '2 B. & C. 945; Emmcrsou v. 

 Medh, 2 Taunton, 38. 



(/) Bartktt t. Furncll, 1 Ad. & E. 792. 



(wi) Metcsv. Can; 26 L. J., Ex. 39; 1 11. & N. 484. 



(n) Warlow v. Harrison, 28 L. J., Q. B. 18; 1 E. & E. 29.3. 



(o) 3 T. R. 148. See also ITcad v. Biggon, 3 M. & K. 97 ; also 

 B. Tel. Co. V. Colsoti, L. E., 6 Ex. 108; and L. R., 7 Ch. App. 

 587; Coolcc V. Oxlcg, 3T. K. MS; Kuthdgcx. Grant, 4 Bing. 653. 



