Selections from Leake's Elements of the Law of Contracts and Finch's Cases on Contracts (Volume 1); Arranged as a Text-Book for Law Students
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Selections from Leake's Elements of the Law of Contracts and Finch's Cases on Contracts (Volume 1); Arranged as a Text-Book for Law Students

Selections from Leake's Elements of the Law of Contracts and Finch's Cases on Contracts (Volume 1); Arranged as a Text-Book for Law Students


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1895 Excerpt: ... According to BexuseU . Christie (a) the auctioneer might, after the bidding by the owner, have sold to the plaintiff on his first bidding: how then can the auctioneer's authority have been countermanded? Martin, B. Supposing your general principle true, was not the proper remedy here an action for deceit? There is a contract between the auctioneer and the bidder. Martin, B. Does the auctioneer do more than say that the owner has directed him to sell without reserve? He professes to have adopted those directions. Martin, B. Why could not the owner stop the sale?J He might do so, but not by such a trick as this. There can be no dispute but that, if the article is once knocked down to a bona fide bidder, the auctioneer is his agent. But, when the sale is " without reserve," the agency commences at the bidding, which gives the bidder a right till devested by a higher boiia fide bidder. The auctioneer is thus, successively, the agent of every bidder, conditionally upon there being no higher bona fide bidding. Martin, B. The case does not show that the defendant knew that it was the owner who was bidding: how is he then to blame? The Court below relied upon Payne, v. Cave (b). But there it was not part of the conditions of sale that the bidding should be ' without reserve: " and the bidder had therefore a discretion to withdraw his bidding at any time before the hammer was down: had the sale been "without reserve" he woiild have been bound by his bidding. The consideration on which the auctioneer enters into the contract is the increase of commission which will accrue to him from each successive bidding. Fldd, contra. The declaration alleges that the defendant was retained and employed to sell; that is, by the owner: and then it alleges that the defendant became t...


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Product Details
  • ISBN-13: 9781150909863
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 290
  • Spine Width: 15 mm
  • Width: 189 mm
  • ISBN-10: 1150909862
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 522 gr


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Selections from Leake's Elements of the Law of Contracts and Finch's Cases on Contracts (Volume 1); Arranged as a Text-Book for Law Students
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Selections from Leake's Elements of the Law of Contracts and Finch's Cases on Contracts (Volume 1); Arranged as a Text-Book for Law Students
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