i2G IIOKSK WAKUANTY. 



animal beloiif^cd to another stud or to some other 

 person, would vitiate the sale. See Lord Mans- 

 field's remarks in Bexircll v. C/irinfie («), where 

 the horses offered at auction were described as 

 " the goods of a gentleman, deceased, and sold 

 by order of his executors," and such not being 

 the fact, the sale was declared fraudulent. In 

 the same case it was held to be fraudident for 

 the seller to bid by himself or by his agent, the 

 published conditions being " that the highest 

 bidder shall bo the purchaser, and if a dispute 

 arise to bo decided by a majority of the persons 

 present." 



Pufling at sales of horses by auction is illegal. 

 If the buyer finds it out, the seller cannot recover 

 rufTing at the price (.?•) . 



iluH^ousia The point was considered in Croicdcr \. Au- 

 illfgui. ^fj^^ ^^^^ l*laintifl' brought an action to recover 

 the value of a horse sold by him to the defendant 

 at Aldridgo's Repository. One of the conditions 

 of tlie sale was "that oa»li horse sliould be sold to 

 tlio highest bidder." liut as a fjul, tlio plalntifi"6 

 groom attended tlio sale, and in his master's in- 

 terest ran the horse up from 12/. to XM., at wliich 

 jirice it wa.s knocked down to the defendant. The 

 dofcjidant, the buyer, found this out, and refused 



(u) 1 CowTwr, 3I».'». St-o nI«o llUl v. Gray, 1 Stark. -13 J. 

 (x) nimore v. Jlood, .'» Biugliuin, N. C. 07. 

 (y) 3 Bioghatn, 3GS. 



