Merritt v. Archer
New York Supreme Court
Action to recover the amount paid defendant as auctioneer at a public sale of land.
1Opinion of the CourtTompkins, J.
The defendant was the auctioneer at a public sale of lots and plots of land belonging to the Engelhardt Construction Company, and as such auctioneer, on July 4, 1907, struck down to the plaintiff certain lots for the sum of $12,125, which was the amount of the plaintiff’s bid therefor. Plaintiff thereupon paid to the defendant, as such auctioneer, the sum of $1,212.50, being ten per cent, of said bid, and the further sum of $50, being the auctioneer’s fee, which, by the terms of sale, was payable by the purchaser.
*516In July, 1913, nearly six years later, and long after the defendant had…
2Cases cited2 opinions
- Meyer v. . RedmondNew York Court of Appeals · 1912
- Cockcroft v. . MullerNew York Court of Appeals · 1877
3Cited by1 opinion
- Merritt v. ArcherAppellate Division of the Supreme Court of the State of New York · 1914