38 



HOKSEDEALERS, REPOSITORIES AND AUCTIONS. 



Goods priyi- 

 leged from 

 distress. 



His right to 

 remain on the 

 premises. 



Auctioneer or 

 clerk agent of 

 both parties. 



action against the defendant for damages for breach of the 

 warranty, and the party who had placed the horse at the 

 repository for sale, claimed of the defendant the proceeds of 

 the sale, stating that the horse had left the repository 

 perfectly sound ; it was held that the defendant was not 

 entitled to an interpleader order. 



Goods sent to an auctioneer to be sold on premises 

 occupied by him are privileged from distress for rent (s) ; 

 although he may sell in a place let to him merely for 

 the occasion, or by a person without authority, or the 

 occupation has been acquired by the auctioneer by any act 

 of trespass (t). 



An auctioneer, who is employed to sell goods by public 

 auction, has not such an interest as will make the licence 

 to enter the premises irrevocable. Therefore, where the 

 owner of the premises revoked his consent to the auc- 

 tioneer remaining there, it was held that he had no right 

 to continue there, though he had incurred expenses in 

 allotting the goods, and though he remained only to 

 complete the sale by delivering the goods to the pur- 

 chasers (?«). 



After a sale is effected, the auctioneer may in general 

 be considered as the agent and witness of both the parties 

 to a contract; but a difficulty arises in the case where 

 the auctioneer sues as one of the contracting parties (x), 

 because the agent, whose signature is to bind the defen- 

 dant, must not be the other contracting party upon the 

 record 0/). However, an entry made in a sale book by 

 the auctioneer's clerk who attends the sale, and as each 

 lot is knocked down names the purchaser aloud, and on a 

 sign of assent from him makes a note accordingly in the 

 book, is a memorandum in writing by an agent within 

 section 4 of theSale of Goods Act, 1893 ; for the clerk is 

 not identified with the auctioneer (who sues), and in the 

 business which he performs of entering the names, &c., 

 he is impliedly authorized by the persons attending the sale 

 to be their agent (s). 



(s) Adams v. Grave, 1 C. & M. 

 380 ; Williams t. Solmes, 22 L. J., 

 Ex. 283. 



(<) Brown v. Arundel, 10 C. B. 

 54; 8. 0. 16 L. T. 126. 



(«() Taplin V. Florence, 10 C. B. 

 744. 



((/) Farebrolhcr v. Simmonds, 5 B. 

 & A. 333. And see Sharman t. 

 Brandt, L. K., 6 Q. B. 720- 40 

 L. J., Q. B. 312; 19 W. R. 936, 

 Ex. Ch. 



(z) Bird V. Boulter, 4 B. & Adol. 

 443. See also (SmsT.ian^-ffly, [18941 



O PV. QIQ . CO T T ^1 ^li::. ^J 



[x) Wright v. Dannah, 2 Camp. 2 Ch. 318 ; 63 L J Ch ft^'i • A 

 203 ; 11 R. R. 693. L. T., N. S. 530 ; 42 W R 621. 



