Coleman v. Duncan

At an advertised public auction held by defendant Jerry Bartle, d/b/a J. B. Implement Co. and described in the printed sale bill as “owner,” a hammerless auctioneer (with the declaration “sold”) struck off a D-7 tractor to plaintiff upon acceptance of the latter’s $2,050 bid. Although the D-7 tractor was listed on the printed sale bill (along with some 200 other items of equipment) without indication that it belonged to anyone other than defendant Bartle, the tractor was actually owned by defendant Duncan. As later explained by defendant Bartle, a few items belonging to his friends and…