Page:Halsbury Laws of England v1 1907.pdf/737

 — — —— Part YII.

—Auctioneer's

Rights and Duties to Vendor.

515

If the auctioneer does so and the purchaser has paid the price. purchaser fails to pay, the auctioneer will be liable to the vendor

for the price {n).

Sub -Sect. 3.— Redelivery of

1052. An auctioneer must demand, except where his right

3.

Duty

2,

Goods.

Goods.

redeliver goods to the vendor on Redelivery to of lien, exists, either before sale

if

the authority to sell is revoked, or after sale if the goods are unsold. Like other bailees, he is estopped from setting up the title of a third person against the bailor, unless the bailment is determined by w^hat is equivalent to an eviction by title paramount, and the auctioneer defends upon the right and title and by the authority of Even with such authority he cannot set such third person (A). up the jus tertii if he 'was aware of the adverse claim at the time when he accepted his employment (i).

Sect.

Sect.

Duties in respect of

vendor.

justertii.

make a Binding Contract.

to

the duty of the auctioneer to sign a proper contract (j) binding the purchaser and, if he omits to do so, he is liable to the vendor for any damages sustained in consequence of his neglect {k).

1053.

It is



Sect.

4.

Purchase by Auctioneer.

1054. A purchase by the auctioneer himself without the vendor's consent is voidable, and will be set aside at the instance of the vendor, even after a long lapse of time, unless there is evidence of acquiescence (l). Duty to Account. Sect. 5.

An auctioneer must account for any moneys received by the vendor's behalf, and be ready to pay them over to him. He is in a fiduciary position in respect of such moneys, and an order to pay can be made against him as trustee, which, if disobeyed, renders him liable to attachment (m). Payment should in general be made to the vendor, and not to bis solicitors except by his express directions (n). 1055.

Trustee of

him on

^

^

Sect.

^

6.

vendor,

Payment

personally..

Remuneration.

1056. The remuneration payable to an auctioneer by a private By vendor may be fixed by express agreement as to both its amount and the events on which it is to be paid (o). ((/)

{h)

Brown

Y. Staton (1816), 2 Chitt. 353. Biddle v. Borid (1865), 6 B. & S. 225



Thome

v.

Tilbury (1858), 3 H.

&

534, 537.

Ex parte

Bavies, Be Sadler (1881), 19 Ch. D. 86. of contract, see Encyclopsedia of Forms, Vol. II., p. 462. Beirce v. Corf (1874), L. E. 9 Q. B. 210. Oliver v. Court (1820), 8 Price, 127; Salomons v. Bender (1865), 3 H. & (/) 639 and see Ex parte Lacey (1802), 6 Ves. 625 Sanderson v. Walker (1807), 13Yes. 601 Boiv7ies v. Grazehrook (1817), 3 Mer. 200. (to) Croiutlier v. Elgood (1887), 34 Oh. D. 691. See title Contempt and {i)

Ij) (k)

Eor form







Attachment. (n)

Broiun

the Court,

v.

title

to

vendor

Farehrother (1888), 59 L. T. 822.

See, as to paj^ment in sales

by

Sale of Land.

{o) Be Bage (No. 3) (1863), 32 Beav. 487; Beningfield y. Kynaston (1887), 3' T. L. E. 279; Beacock v. Freeman (1888), 4 T. L. E. 541. See title Agency, 196, ante, for general rules and construction of contracts as to payment pp. 193

—

of commission.

L L 2

agree-