Romani v. Harris

Hammond, C. J.,

delivered the majority opinion of the Court. Marbury and McWilliams, JJ., dissent. Dissenting opinion by McWilliams, J. in which Marbury, J. concurs at p. 398 infra.

Harris, the plaintiff below and the appellee here, is an auctioneer who sued Mary D. Romani, defendant below and appellant here. Harris held a catalogue auction sale at his gallery on June 3, 1966. Mrs. Romani was the successful bidder on a number of portraits and other pictures and did not pay for them. Harris sued, her on his own behalf to recover the amount of $4,600 she had offered as the last bidder for a…