48 HORSEDEALERS, REPOSITORIES AND AUCTIONS. 



Auctioneer's Where an auctioneer entrusted witli a sale is the causa 



causans of the sale, he is entitled to his commission, even 

 though before the actual sale the vendor withdrew the 

 property from sale by him (r). Thus, by the terms of an 

 agreement between the parties, an auctioneer was to be 

 entitled to a commission, if the estate should be sold by 

 him. The estate was not actually sold by him, but the 

 vendor, after the auctioneer had advertised the sale, and 

 had put up the property for sale by auction, wrote to the 

 plaintiff, and withdrew the property from sale for the 

 present. In the meantime, and before the sale was with- 

 drawn, the vendor and the afterwards purchaser were in 

 negotiation for the purchase of the property. In an action 

 by the auctioneer against the vendor for his commission, 

 it was held by the Court of Common Pleas, that under 

 these circumstances the auctioneer must be held to be the 

 causa causans of the sale, and therefore entitled to his 

 commission (s). 



()•) Clark V. Simjthies, 2 F. & F. (s) Greeny. £artlett, SL.T.,N. S. 



83. And see Miller v. £eale, 27 W. E. 503. 

 403, M. E. 



