ledge sufficient to put him on inquiry,
acquires no title to the property thus purchased. If goods are sent
to an auction room to sell, this is deemed sufficient evidence of
authority to sell them in that manner and to protect whoever buys
them.
As an auctioneer is ordinarily a special agent, the purchaser is
supposed to know the terms and conditions imposed by the seller on the
agent. The seller or owner therefore is not bound by any terms stated
by the auctioneer differing from those given to him. If the owner has
imposed no terms on him, then he has the implied authority usually
existing in such cases.
An auctioneer has authority to accept the bid most favorable to the
seller when the sale is made without reserve and to strike down the
property to the purchaser. He cannot therefore consistently with his
duty to his principal refuse to accept bids, unless the bidder is
irresponsible or refuses to comply with the terms of the sale. He is
justified in rejecting the bids of insane persons, minors, drunken
persons, trustees of the property, and perhaps in some cases of
married women.
An auctioneer cannot transfer his duty to another. This rule does not
prevent him from employing others to do incidental things connected
with the keeping and the moving of the property. He cannot sell on
credit contrary to his instructions or custom; nor would he be secure
in following custom if instructed to do otherwise. After the bid has
been accepted the bidder has no authority to withdraw it without the
owner's consent, nor can he be permitted to do so by the auctioneer.
Nor can he sell at private sale if his instruction is to sell
publicly, nor can he justify himself even if he acted in good faith
and sold the property for more than the minimum price fixed by the
owners. Nor can he sell the property to himself, nor authorize any
other person to bid and purchase for him either directly or
indirectly. It is impossible with good faith to combine the
inconsistent capacities of seller and buyer, crier and bidder, in one
and the same transaction.
He has no authority to warrant the quality of property sold except
custom or authority is expressly given to him. Nor is he an insurer of
the safety of the goods entrusted to him for sale; he must however use
ordinary and reasonable care in keeping them. Lastly, an auctioneer
should disclose his principal and contract in his name. If one bought
property therefore supposing it belonged to A
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