Teaffe v. Simmons
Massachusetts Supreme Judicial Court
Contract brought to recover the sum of one hundred dollars paid by the plaintiff to an auctioneer employed by the defendant to sell an estate which was bid off at auction by the plaintiff; the said sum having been paid in part payment of the price, and the sale not having been completed.
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Contract brought to recover the sum of one hundred dollars paid by the plaintiff to an auctioneer employed by the defendant to sell an estate which was bid off at auction by the plaintiff; the said sum having been paid in part payment of the price, and the sale not having been completed. At the trial in the superior court, before Rockwell, J., a verdict was returned for the plaintiff, upon facts and rulings which are sufficiently stated in the opinion ; and the defendant alleged exceptions.
1Opinion of the CourtDewey, J.
No doubts seem to exist as to the liability of the luctioneer to the vendee for money paid by him at an auction in the ordinary course of business, as a deposit required by *343the terms of the sale, where the vendor has failed to complete the conveyance. As to the deposit money, he may be treated as a stakeholder between the parties, and liable as such. Burrough v. Skinner, 5 Burr. 2639. Edwards v. Hodding, 5 Taunt. 815. Harrington v. Hoggart, 1 B. & Ad. 577. Gray v. Gutteridge, 1 Man. & Ry. 614.
But assuming that the auctioneer is liable, may not the vendor also be liable to the vendee for the…
2Cited by1 opinion
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