Page:Halsbury Laws of England v1 1907.pdf/726

 — Auction and Auctioneers.

504 Sect.

1.

As Agent for the Vendor. Sale byprivate contract.

Eevocation of authority.

He cannot conclude a sale by private contract (c), although the vendor accept a purchaser introduced by the auctioneer, and himself conclude a sale to such purchaser by private treaty, the auctioneer has a right to claim remuneration (d). In some cases, where property has not reached its reserve and has been bought in, and immediately afterwards the auctioneer has sold the property at the reserve price to a person present at the biddings, this sale has been held good as in effect a sale by auction {e). 1024.

if

1025. Up to the time of the conclusion of the sale, and until the property is finally knocked down, the auctioneer's authority is revocable either expressly or in any of the events which ordinarily determine agencies (/), unless the contract is such as to give the auctioneer an authority coupled with an interest (g). The authority can be withdrawn even though the auctioneer has advertised the property for sale (h) and incurred expenses {i) The auctioneer will be liable in trespass if, after the determination of his authority, he insists on entering the vendor's premises for the purpose of effecting a sale(i). If the authority has in fact been revoked, the auctioneer can give the highest bidder no right to the property, even though the bidder is unaware of the revocation (/^)..

Sect.

2.

Authority

to

sign Contract or Note or

Memorandum

thereof.

Authority implied and irrevocable.

1026. The auctioneer, in the absence of special circumstances, is, by virtue of his employment, impliedly the agent of both the vendor or a note or memoand the purchaser (Q to sign the contract randum thereof to satisfy the requirements of the Statute of Frauds in the case of land, and of the Sale of Goods Act, 1893, in the case of goods both of which statutes apply to sales by auction (o). (c)

Marsh

v. Jtlf (1862), 3 F.

& F.

234.

Green

v. Bartlett (1863), 14 C. B. (n. s.) 681. (e) Else V. Barnard, 'parte Courtauld (1860), 29 {d)

Ex

Hodges (1863), 33 Beav. 90. (/) Warlow V. Harrison (1859),

1

&

E.

See

p. 516, post.

L. J. (cH.) 729; Bousfield v.

E. 295,

309.

See

title

Agency,

228—236, ante. [g) For example,

pp.

if an auctioneer is intrusted with goods for sale to repay previous advances, the authority is irrevocable. See Charlesworth v. Mills, [1892] A. C. 231, at p. 243. See title Agency, p. 228, a7ite. [h) Warlow v. Harrison, supra ; Taplin v. Florence (1851), 10 C. B. 744. [i) Taplin v. Florence, supra. But the auctioneer does not lose his right to be indemnified against expenses incurred; see p. 516, post.

Manser v. Back (1848), 6 Hare, 443. If the purchaser bids through an agent, the auctioneer may sign the name either of the principal (Emmerson v. Heelis (1809), 2 Taunt. 38), or of the agent, at least if the principal is present and acquiesces ( White v. Proctor (1811), 4 Taunt. [k)

{I)

209).

(m) For form of contract, see Encyclopaedia of Forms, Vol. II., p. 462. {n) Statute of Frauds (29 Car. 2, c. 3), s. 4 Sale of Goods Act, 1893 (56 & 57 Kemeys v. Yict. c.71), s. 4; Simony. Metivier or Motivos (1766), 1 Wm. Bl. 599 Proctor (1813), 3 Ves. & B. 57 Emmerson y. Heelis, supra; White v. Proctor, supra; Shelton v. Livius (1832), 2 Cr. & J. 411 Beer v. London and Paris Hotel Co. (1875), L. E. 20 Eq. 412. (o) Walker v. ConstaUe (1798), 1 Bos. & P. 306; Blagdeny. Bradhear (1806), 12 Yes. 466; Kenworthy v. Bchojield (1824), 2 B. & C. 945.







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