Diefenbach v. Gorney

The plaintiff was a tenant farmer closing out term. He held a sale at auction with terms announced as “Cash Before Removal.” Defendant was the high bidder on approximately 2,500 bales of hay, at 41$ each. After the gavel had fallen, defendant told plaintiff he had only $500 at that time. Plaintiff permitted defendant to remove $500 worth of bales. Some months later defendant returned to pick up the rest of the hay, only to find it was gone. Neither party knows what happened to the hay, plaintiff no longer living on the farm. Plaintiff sued for the balance of the purchase price. The case was…