Corryolles v. Mossy
Supreme Court of Louisiana
APPEAL PROM THE COURT OF THE FIRST DISTRICT. The plaintiff bid $2050 on certain, lots offered by the defendant as auctioneer, at public sale. The advertisement státed the lots were to. be sold to the highest bidder. The auctioneer bid $50 over the plaintiff’s bid, and withdrew the property from sale.
Read the full summary
APPEAL PROM THE COURT OF THE FIRST DISTRICT. The plaintiff bid $2050 on certain, lots offered by the defendant as auctioneer, at public sale. The advertisement státed the lots were to. be sold to the highest bidder. The auctioneer bid $50 over the plaintiff’s bid, and withdrew the property from sale. The plaintiff institutes this suit to compel the auctioneer to adjudicate the property to him at the price of $2050, Which he contends is the highest bid, the auctioneer having no right to bid. There was judgment in favour of the defendant.
1Opinion of the Court
Porter, /
delivered the opinion of the case.
The defendant was employed as auctioneer, to dispose by public sale of certain lots lying in the suburb Marigny. They were advertised in the usual way, and the advertisement 'contained an express declaration, that they would be sold to the highest bidder. The plaintiff attended the sale, and bid higher than any other person except the auctioneer, who being directed not to sell them for less than a certain sum, advanced on the bid of the plaintiff, and then withdrew the property.
By the English courts it was considered a breach of faith on the part of…
2Cited by3 opinions
- Anderson v. Wisconsin Central Railway Co.Supreme Court of Minnesota · 1909
- Freeman v. PooleSupreme Court of Rhode Island · 1915
- Jenkins v. Pine Grove Land Co.Supreme Court of Louisiana · 1930