Gould v. Hiram Walker & Sons, Inc.

The real question is whether the statements contained in the notice of sale constitute a warning of possible claims such as are'asserted by the counter-defendants.

In sales of this description, a bidder is bound by the publicly proclaimed terms of the auction sale, Chandler v. Morey, 96 Ill. App. 278, affirmed 195 Ill. 596, 63 N.E. 512. He'should not bid without ascertaining the terms upon which the property is being sold, Burling v. Brinn, 116 Misc. 130, 189 N.Y.S. 707, 709. There is no warranty of title. The quantity and quality of the title must be at the purchaser’s risk. It is his…