Stakemann v. Olsen

McKEAN, Judge(1) At common law and in equity, the owner of property offered by sale at auction has the right to prescribe the manner, conditions and terms of sale; and when these are read and made known the purchaser cannot acquire a title in opposition to them against the consent of the owner. 2 Mechem on Sales (2nd ed.) 211; McManus v. Fortesque (1907) 2 K.B. 1; Farr v. John, 23 Iowa 288, 92 Am. Dec. 426; Miller v. Baynard, 2 Houst. (Del.) 559, 83 Am. Dec. 168; Ashcom v. Smith, 2 Pen. & W. (Pa.) 211, 21 Am. Dec. 437; Miller v. Law, 10 Richardson’s Equity 320, 73 Am. Dec. 92.

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