46 



HOESEDEALEES, EEPOSITOEIES AND AUCTIONS. 



municating 

 with pur- 

 chaser. 



Auctioneer 

 proper party 

 to receive the 

 price. 



Has no 

 authority to 

 receive a bill 

 of exchange. 



He is stake- 

 holder for 

 both parties. 



Effect of this 

 attribute. 



purchaser allowed two days to elapse without tendering 

 the price, it was held that the seller, who had never 

 parted with the possession, was entitled on the third day 

 to resell them without any communication with the original 

 purchaser, and to sue the original purchaser for the differ- 

 ence in the prices, and for the keep of the horses between 

 the periods of sale and resale, and the expenses of the 

 resale (c). 



An auctioneer, employed to sell goods for ready money, 

 is the agent of the vendor to receive the price (d) ; but 

 where the goods are sold on credit, it depends upon the 

 extent of his authority, which, in the absence of any proof 

 of general authority, must depend upon the conditions of 

 sale ; and where the only authority given to the auctioneer 

 by these conditions is to receive the deposit money, the 

 vendor reserves to himself or his agent the power to receive 

 the remainder of the purchase-monej' (e). 



And in any case where he has authority to receive the 

 purchase-money, he has no authority to receive it by means 

 of a bill of exchange (/). 



Where, by the terms of a sale by auction, a deposit is 

 to be made with the auctioneer, he becomes the stake- 

 holder of both parties, and must retain possession of it (g) ; 

 and if he accepts a less sum than that which is to be paid 

 by the conditions of sale, he cannot afterwards object that 

 too little is paid (A). 



If he parts with the deposit without authority from the 

 vendee, he may be sued for it. Thus, when the auctioneer 

 received the deposit, and signed the agreement that he 

 would complete the sale, and the vendee found the title to 

 the estate sold defective, it was held that he might bring an 

 action for money had and received against the auctioneer for 

 the deposit, though the latter had paid it over to the vendor 

 without any notice from the purchaser not to do so, and 

 before the defect of title was ascertained (t) ; for in strict 



(c) La'ing v. Sain, 2 S. M. & P. 

 396. (Court of Sess. Sco.) 



{d) Si/kes V. Gilei, 5 M. & W. 

 650 ; Villiams v. Evans, L. E., 1 

 Q. B. 352; 35 L. J., U- B. 111. 



(e) Si/kes V. GUes, 5 M. & "W. 

 650 ; lfi/H« V. Joliffe, 1 M. & Rob. 

 326. And see Alexa)ider v. Gibson, 

 2 Camp. 555; U E. E. 797. 



(/) ^ijlcn V. Gdcs, M. & W. 

 652. And see Williams v. Evans, 



L. E. 1 Q. B. 352 ; 35 L. J., Q B 

 111. 



((?) Edwards v. Sodding, 5 Taunt 

 815; 15 E. E. 662; Grai, v. GuUe- 

 ridgc, 3 C. & P. 40. ' And see 

 Sweeting v. Turner, L. E. 7 Q B 

 310; 41 L. J.,Q. B. 58; 25 L 't ' 

 N. S. 796; 20 W. E. 185. '' 



(/i) Sanson\. Roberdmu, 1 Peake 

 N. P. 163. ' 



(i) Grayr.Gutteridge,3C. &P.40. 



