REMUNERATION OF AGENT WHERE SALE GOES OFF. 541 



person may have been hond fide deceived in the matter, and he swears 

 he was so deceived " {Swaisland v. DearsJeij). 



Right of agent to remimeration where sale goes off. — In the absence of 

 any express contract, auctioneers are entitled to reasonable remunera- 

 tion for sales by private contract, effected through their instrumentality, 

 even although by the act or default of the vendor the contract is re- 

 scinded ; and it is for the jury whether the same commission as on sales 

 by auction is reasonable ; and semJ)le that apart from express contract, 

 they would be entitled to the expenses of abortive attempts at sale, but 

 it would not be reasonable that the auctioneer should charge not only 

 expenses and a fixed fee, but also commission : jjer Coclihurn C.J. {Clark 

 V. Smytliies). 



Agent should declare himself at an auction. — A party bidding at an 

 auction, and giving his own name simply to the auctioneer, must be 

 understood to be the contracting party, and ought to be held liable as 

 such ; if he is bidding only as agent, and wishes to protect himself from 

 being treated as the contracting party, he ought to say so {Williamson 

 V. Barton). 



