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

108

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.

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

the conditions of sale are complied with.. 117

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

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

2.

3.

chaser....

123

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

128

.....

formance by bill in equity...

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

fully sold or disposed of by auctioneer....

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....

136

138

CHAP. V.

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

....

ib.

deposit from the auctioneer.

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...

3. Of the duties imposed upon the auctioneer by

act of parliament...

204

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 ..... 230

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

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

APPENDIX..

INDEX...

232

263

Coxwell, Bromley v. . . .

Craig, Coppin v.... 109. 171

11

165

Camfield v. Gilbert, 146. 158
Cammeyer, Rucker v..
69
Campbell, Wright v... 122
Nurse v.
Cane v. Baldwin, 34. 36. 210 Creasey, Haycraft v. . . .
Capp v. Topham....86.116 Creed, Coare v..
Carruthers, Borthwick v. 9 Crisp, Cruso v... 42. 44. 206
Cartwright v. Hately... 90 Croker, Legge v.

: 214

.....

129

Cox v. Kitchen

Coppin v. Craig ... 109. 171

0.

Walker.. 109. 168

Court, Oliver v. . . . . . . 108

Coverley v. Burrell.... 173

169

....

-Waring v....

11

122

86