Peters v. Day

Levy, J.:

The complaint alleges that the defendant Day, as auctioneer, offered at public sale certain lots in Long Beach, N. Y., pursuant to authorization by the owner, a corporation of which the defendant William H. Reynolds is an officer, to sell these lots at such *42public auction to the highest bidder without reserve; that plaintiff’s bid for these lots was accepted by the auctioneer, and the property “ knocked down ” to her; that she was ready, willing and able to go through with the transaction, but defendant Day refused to sign a memorandum of sale or to accept a deposit; that this…