McBrayer v. Cohen
Court of Appeals of Kentucky
Case 87 — PETITION ORDINARY APPEAL PROM ANDERSON CIRCUIT COURT. 1. While it may be true that in cases like this the auctioneer is to be regarded as the agent of both the seller and purchaser, and that he may bind both by a memorandum in writing signed by him for them and as their agents (Gill v. Hewitt, 7 Bush, 12, 13), yet the memorandum so made and signed must so far describe realty as to reasonably identify it, and also set out the terms of the sale with a fair degree of…
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Case 87 — PETITION ORDINARY APPEAL PROM ANDERSON CIRCUIT COURT. 1. While it may be true that in cases like this the auctioneer is to be regarded as the agent of both the seller and purchaser, and that he may bind both by a memorandum in writing signed by him for them and as their agents (Gill v. Hewitt, 7 Bush, 12, 13), yet the memorandum so made and signed must so far describe realty as to reasonably identify it, and also set out the terms of the sale with a fair degree of certainty. (Hanley v. Blackford, 1 Dana, 21; Overstreet v. Hice, 4 Bush, 3; Ellis v. Deadman, 4 Bibb, 466; Hayden v.…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION ON THE COURT.
Cohen brought this action against McBrayer to recover the difference between the amount for which plaintiff’s tract of land was first publicly sold, when, as alleged, it was by the auctioneer knocked off to defendant at his, the highest, bid of twenty dollars per acre, and amount at seventeen dollars and fifty cents per acre it was sold for at the second public sale, which, as alleged, was made in consequence of defendant’s refusal to comply with the terms of his hid, and also compensation for expense and trouble incurred by reason of the second…
2Cited by11 opinions
- Gendelman v. MongilloSupreme Court of Connecticut · 1921
- Harmon v. ThompsonCourt of Appeals of Kentucky · 1905
- Graves v. WinerCourt of Appeals of Kentucky (pre-1976) · 1961
- Garth v. Davis & JohnsonCourt of Appeals of Kentucky · 1905
- Furlow v. SturgeonCourt of Appeals of Kentucky · 1968
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