Horton v. McCarty
Supreme Judicial Court of Maine
On Report from Nisi Prius, Appleton, C. J., presiding. The memorandum is sufficient in form. O'Donnell v. Leeman, 43 Maine, 158; Gireenl. on Ev., vol. 1, § 269. Auctioneer agent of both parties. O'Donnell v. Leeman, supra. A memorandum commenced at the time and place of sale and extended afterwards on the books of the auctioneer is sufficient, if done as soon as practicable, and the latter is regarded as the original entry. Episcopal Church v. Seavey, Riley’s Ch., 156.
1Opinion of the Court
The mere writing of the price and the name of the purchaser of real estate sold at auction, by the auctioneer, upon a slip of paper not connected with any other papers, is not a sufficient signing within the statute of frauds.
To hind the purchaser, a memorandum, containing all of the essential terms ' of the contract, must he made and signed by the auctioneer at the time of the sale and before the termination of the proceedings.
It is not sufficient for the auctioneer to enter, in the absence of the purchaser, the sale on his book at his office upon his return from the place of sale, he having…
2Cases cited1 opinion
- Smith v. ArnoldU.S. Circuit Court for the District of Rhode Island · 1829
3Cited by4 opinions
- Wilson v. . Lewiston Mill Co.New York Court of Appeals · 1896
- Rafferty v. LougeeSupreme Court of New Hampshire · 1884
- Sweeney v. BrowSupreme Court of Rhode Island · 1913
- Bowdoin v. HeadleyAlabama Court of Appeals · 1923