Martin v. Gallagher

The defendant, who is an auctioneer, adjudicated to the plaintiff at public auction a certain piece of real property in the City of New Orleans for the price and sum of $4420.00; plain-paying to the defendant 10 per cent, thereof, or say $442.00, to bind the sale.

Subsequently the plaintiff brought her suit to recover of the auctioneer this deposit, on the ground that as “there is a mortgage against said property, which operates as a cloud upon it and makes it impossible or unsafe for petitioner to accept title,” she is therefore not obligated to take it and is entitled to a return of the…