which the practice of puffing at auctions is treated (p. 52), and in which the Author has expressed an opinion, that the appointment of one puffer is illegal, the question has come before Lord Chief Justice Best at nisi prius, in the case of Crowther v. Austin, which was an action brought by the vendor against the purchaser of a horse sold by auction, to recover the price; when his Lordship nonsuited the plaintiff, on the ground that a puffer had been employed by him to bid at the sale, and has thus sanctioned the Author's opinion. Upon a motion which was made in the last term, for a rule to shew cause why the nonsuit should not be set aside, the Court of Common Pleas granted the rule nisi, in order to settle the question; but all the Judges declared so decided an opinion that the nonsuit was right, that it is believed the plaintiff's counsel do not intend to bring the case again before the Court.

The Nature of a Sale by Auction, and what is essential to render

SECT. 1Of the manner of conducting sales by auction,

Page

1

4

17

42

54

80

Of the Duty and Responsibility of Auctioneer in regard to

Vendor, and of the Mode of enforcing the same.

SECT. 1. Of the auctioneer's duty in taking care of

goods intrusted to him for the purpose of

sale.....

84

2.

3.

Of the auctioneer's duty in conducting the sale

Of the duty of the auctioneer to obtain pay-

ment for goods sold......

86

91

4. Of the vendor's remedy against the auctioneer
for wrongful sale and disposition; and, in
case of vendor's bankruptcy, of the right of
his assignees to affirm or disaffirm contracts

94

Page

SECT. 5. Of the owner's right to recover goods from

the assignees of a bankrupt auctioneer.... 101

CHAP. III.

Of the Rights of Auctioneer with reference to Vendor, and of

the Mode of enforcing the same.

SECT. 1.—Of the auctioneer's right to purchase property

which he is employed to sell

2.

Of the auctioneer's lien

104

109

3. Of the auctioneer's right of action to recover

commission, auction duty, &c. ...

CHAP. IV.

109

Of the Rights of Vendor against Vendee arising from the Sale

by Auction, and of the Mode of enforcing the same.

117

SECT. I. Of the vendor's right to hold the goods until

the conditions of sale are complied with.

Of the vendor's right to stop goods in transitu, 119

3. Of the vendor's right of action against a pur-

",,!}

2.

chaser..

4Of the vendor's right to compel a specific per-

formance by bill in equity,

5.Of the vendor's right to recover goods wrong-

123

128

fully sold or disposed of by auctioneer.... 136

6. Of the vendor's right, on non-fulfilment of

contract by vendee, to retain the deposit, and

to recover damages from the vendee for loss

on resale..

139

Of the Rights of Vendee against Vendor, arising from the Sale

by Auction, and of the Mode of enforcing the same.

SECT. 1. Of vendee's right, on non-performance of con-

ditions of sale by vendor, to rescind the

contract, and recover back the deposit with

interest....

Page

140

2. Of vendee's right to maintain an action for

non-compliance with the conditions of sale, 157

3. Of vendee's right to compel a specific per-

formance by bill in equity. . .

......

4. Of vendee's right of set-off in action brought

against him by vendor. . . . .

5. Of vendee's right of action after the sale has

been completed for deceit and breach of

warranty.....

159

162

..163

CHAP. VI.

Of the respective Rights and Obligations of Auctioneer and

Purchaser towards each other, and of the Remedies to enforce

the same.

SECT. 1.Of the auctioneer's right of action to recover

payment for goods sold...........

168

2.—Of the vendee's right of set-off in action by

auctioneer.....

171

3. Of the vendee's right to recover back the

deposit from the auctioneer...

ib.

4. Of the vendee's right on non-performance of

conditions of sale to maintain action against

auctioneer, principal not being named.... 184

CHAP. VII.

Of Auctioneers and the Auction Duties.

SECT. 1. Of the auctioneer's licence and bond......

187

2.

Of the auction duties payable, and upon whom

charged..

204

3. Of the duties imposed upon the auctioneer by

act of parliament.

219

4. Of the allowance of auction duty where estates,

&c. bought in by the owner or his agent.. 226

5. Of the right of the auctioneer or vendor to

have the auction duty returned, where the

sale has not been carried into effect on

account of the vendor's want of title

6. Of the auctioneer's remedy to obtain a return

of auction duty which he has overpaid.... 231

APPENDIX.

INDEX..

A

LA

230

232

263