Brock v. Jones
Texas Supreme Court
Error from Galveston. Tlie appellee sued tlie appellant to recover the purchase-money of certain lots in the city of Galveston. It was in proof t-liat tlie lots were offered for sale at auction under a deed of trust and power from Blahu and wife to the appellee, on tlie i)th day of November, ISIS, and struck off' to tlie appellant, who was tlie highest bidder at tlie sale ; but no memorandum was made by the auctioneer at the time.
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Error from Galveston. Tlie appellee sued tlie appellant to recover the purchase-money of certain lots in the city of Galveston. It was in proof t-liat tlie lots were offered for sale at auction under a deed of trust and power from Blahu and wife to the appellee, on tlie i)th day of November, ISIS, and struck off' to tlie appellant, who was tlie highest bidder at tlie sale ; but no memorandum was made by the auctioneer at the time. Some few days after the auclioneer met the. appellant and (old him the deed was made out and left with Frosli, and t hat he could pay to him the money and get the…
1Opinion of the CourtWheblbb, J.
Though it is said to have been once made a question, it is now well settled that sales at auction are within the statute of frauds. The auctioneer may be the agent of both parties. In general he is to be considered as lawfully authorized by the purchaser to sign the contract of sale for him as the highest bidder. ‘‘The writing his name as the highest bidder in the memorandum of sale by the auctioneer immediately on receiving his bid and knocking down the hammer is a sufficient signing- of the contract within tlie statute of frauds so as to bind the purchaser. Entering the name of tixe buyer…
2Cited by12 opinions
- Morris v. GainesTexas Supreme Court · 1891
- Cross v. EvertsTexas Supreme Court · 1866
- New Texas Auto Auction Services, L.P. v. Gomez De HernandezTexas Supreme Court · 2008
- Crutchfield v. DonathonTexas Supreme Court · 1878
- Huffman v. CartwrightTexas Supreme Court · 1875
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