SALES BY AUCTION. 175 



animal within the time allowed for such purpose ; 

 and this without notice to the party to whom the 

 horse was first of all sold. 



When a horse is sold by public auction under 

 specified conditions — such as being returnable 

 within a fixed time, if the warranty given should 

 not be borne out — the auctioneer may hold the 

 money until the conditions have been complied 

 with. 



" An auctioneer has a lien upon the goods sold 

 by him, and a right of Hen upon the price, when 

 paid, for the commission and charges, and he may 

 bring an action in his own name for the price 

 of the goods sold by him " (Oliphant's " Law of 

 Horses ")• 



A buyer at auction can, even before he has paid 

 for the horse, re-sell it to a third party, and 

 maintain an action for goods bargained and sold. 



If a man refuses to remove goods that he has 

 bought, they can be re-sold, and the auctioneer 

 can hold him liable for the difference between the 

 prices at the first and second sales. 



Where the price of a horse is run up on behalf 

 of the vendor, without any notification that this 

 may be done on his behalf, he cannot recover the 

 price, the sale being void. 



