Page:Halsbury Laws of England v1 1907.pdf/725

 — .

Part

Authority of Auctioneer.

III.

603

has ostensibly so sold and if, in breach of his instructions, the auctioneer sells without reserve, a sale below the reserve price will not give the purchaser any right to enforce the contract against the vendor {g).

1021. The implied agency of the auctioneer extends to receiving the deposit on sales both of land and goods (/i), and to receiving the purchase-money on sales of goods (i), but not on sales of land (k) but this implied agency may be excluded by the express terms of the conditions of sale {I). The auctioneer has authority to receive payment of the deposit by cheque {m), but is not compellable so to do (n). This authority is confined to cheques presently payable, and does not extend to receiving payment of the deposit by bill of exchange or post dated cheque (<>) The auctioneer has, however, no right in the absence of express instructions to take payment of the purchase-money otherwise than in cash (p). In cases where the auctioneer has received payment by cheque or bill of exchange without or in excess of any authority, express or implied, the vendor is not bound by such payment. The purchaser still remains liable (q) and the auctioneer may be sued by the vendor for any damages sustained by him (r),

Sect.

i.

As Agent for the Vendor.

Authority to receive

payment.



Mode

of

payment.

,

An auctioneer

has no authority, except by express instruc- Authority and an unauthorised warrant, give a warranty at the auction warranty will not bind the vendor, although it may render the auctioneer personally liable to the purchaser for breach of warranty of authority (s).

1022.

tions, to

to



1023. The agency of the auctioneer is an agency for sale by auction Termination only(0, and therefore when the property has been knocked down of authority, the auctioneer's authority is at an end except for the purpose of carrying out the contract made at the auction. He cannot rescind that contract (a), nor can he introduce into it any stipulations as to title (6). v. Fortesme, [1907] 2 K. B. 1, disapproving on this point B. 322. If, however, the vendor's instructions Howhins, [1904] 2 are to carry out a sale subject to a secret reserve and so to act as agent in effecting a fraud, the auctioneer will not be liable to the vendor for disregarding such instructions {Bexivell v. Christie (1776), 1 Cowp. 395). {g)

McManus

Rainhow

(/?)

v.

Sijkes V. Giles (1839), 5

K

M. & W. 645. 1 Hy. Bl. 81. 1 Mood. & E. 326.

(/)

Williams v. MilUngton (1788),

{k)

Mynn

v. Joliffe (1834),

Sykes V. Giles, supra. (m) tarrer v. Lacy, Hartland & Co. (1885), 31 Ch. D. 42. [n) Johnston Y. Boyes, [1899] 2 Ch. 73. Pape v. Westacott, [1894] 1 (o) Williams v. JEvans (1866), L. E. 1 Q. B. 352 Q. B. 272. Sykes y. Giles, supra. (p) Earl of Ferrers v. Bobins (1835), 2 Cr. M. & E. 152 (q) Sykes v. Giles, supra. (r) Earl of Ferrers v. Bobins, supra. (s) Payne v. Lord Leconfield (1882), 51 L. J. (q. B.) 642. And [t) Seton V. Slade (1802), 7 Yes. 265, per Lord Eldon, L.C., at p. 276. (/)





see Blackburn v. Scholes (1810), 2 Camp. 341. (a) Nelson y. Aldridye (1818), 2 Stark. 435 ; 2 C. L. E. 251. (&) Seto7i V. Slade, supra.

and contrast

Stevens v.

Leyh (1853),