EEPOSITOEIES AND AUCTEONS. 



39 



But if the purchaser's name be signed to a catalogue, it 

 must he connected with or refer to the conditions of sale to 

 make the contract valid (a) : and it is not sufficient if they 

 are even in the same room, so long as they are not actually 

 attached to the catalogue, or clearly referred to in it ; and 

 if during the sale they get separated, the signatures made 

 after separation are unavailing (6). 



It is a useful and proper general rule that an auctioneer 

 by parol explanation at the time of sale shall not be 

 suffered to vary from the terms of the printed particulars. 

 This rule is attended with no hardship, because it would be 

 easy to obviate any difficulty in case the article sold be 

 different from the description ; Gunnis v. Echart (c), Poiuell 

 V. Edmunds (d), and many other cases collected in Mr. 

 Phillip's book on evidence, show the principle to be, that a 

 written instrument signed with the purchaser's name is the 

 instrument at which we are to look to see what is the con- 

 tract between the parties (e). 



But when the contract is not in writing, a mistake in 

 the catalogue may be explained by the auctioneer. Thus 

 where an auctioneer brought an action to recover the price 

 of an article under the value of 10^., which had been sold 

 by him, and described in the written catalogue of sale as 

 being of silver ; it was held that evidence was receivable 

 to show, that before the article was put up for sale, the 

 auctioneer without making any alteration in the catalogue, 

 stated publicly from his box, in the hearing of the defen- 

 dant that the catalogue was incorrect, and that the article 

 would only be sold as plated, subsequently to which the 

 defendant bid for it (/). 



By the conditions of sale at repositories and public 

 auctions a specified short time is usually allowed, within 

 which the purchaser must give notice of any breach of 

 warranty ; and if he neglect to do so, he has no remedy 

 unless such condition has been rendered inoperative by 

 fraud or artifice. This subject was fully considered by the 

 Court of King's Bench in the following case : — A horse 

 was bought by private contract at a repository, warranted 



Purchaser's 

 name signed 

 to a catalogue. 



Printed 

 particulars 

 of a sale. 



An incorrect 

 catalogue. 



A limited 

 warranty. 



(«) Sinde y. Whitehouse, 7 East, 

 568 ; 8 E. R. 676. 



[b] Kenworthy v. Scholfield, 2 B. 

 & C. 945. See also Fierce v. Corf, 

 L. E., 9 a. B. 210; 43 L. J., 

 Q. B. 52; 29 L. T., N. S. 919; 22 

 "W. E. 299 ; BisUon v. Whatmore, 

 L. E., 8 Ch. D. 467 ; 47 L. J., Ch. 



629 ; 26 W. E. 827. 



{c) Gunnis v. Uchart, 1 H. Bl. 

 289; 2E. E. 769. 



(d) Foioellv. Edmunds, 12 East, 6; 

 11 E. E. 316. 



[e) Shelton v. Livius, 2 C. & J. 416. 

 (/) Eden v. Blalee, 13 M. & W. 



614. 



