Employers Liability Assurance Corp. v. Sweatt

By the Uniform Sales Act “A sale by auction is complete when the auctioneer announces its completion by the fall of the hammer or in other customary manner.” R. L., c. 200, s. 21 (II). Cases construing this section of the act generally hold that the property in the goods passes to the highest bidder when the hammer falls. Restatement, Contracts, s. 27; 1 Uniform Laws Anno. s. 21; 1 Williston, Contracts (Rev. ed.) s. 29. Under this construction defendants’ exception to the court’s ruling that “title of the truck” passed on the day of the auction, which was prior to the accident, would be…