Legal Opinion

Graig v. Godfroy

California Supreme Court

Decided April 5, 1851PublishedCited by 4 opinions

Appeal from tlie superior court of the city of San Francisco. The only fact necessary to be stated, which is not mentioned in the opinion of the court, is, that the sale by the auctioneer took place in the forenoon.

1Opinion of the Court

By the Court,

Hastings, Ch. J.

The liability of the defendants depends upon a construction of the Statute of Frauds, in relation to sales by auctioneers, in favor of the validity of whose sales it is enacted as follows : That the “ auctioneer shall at the “ time of sale enter in a sale book a memorandum, specifying “ the nature and price of the property sold, the terms of the “ sale, the name of the purchaser, and the name of the person “ on whose account the sale is made,” &c. The name of the person on whose account the sale was made, was not written in the sale book until the evening of the…

2Cases cited1 opinion

  1. Hicks v. WhitmoreNew York Supreme Court · 1834

3Cited by4 opinions

  1. Clark v. OlejnikMassachusetts Supreme Judicial Court · 1921
  2. Jelks v. BarrettMississippi Supreme Court · 1876
  3. Wright v. Harrison & BlackTennessee Supreme Court · 1916
  4. Bowdoin v. HeadleyAlabama Court of Appeals · 1923

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