Bush v. . Cole
New York Court of Appeals
This action was brought in the Supreme Court to recover damages, for the reason that the plaintiff failed to obtain a title to a house and lot in the city of Brooklyn, which the defendants, as auctioneers, sold to him at public auction.
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This action was brought in the Supreme Court to recover damages, for the reason that the plaintiff failed to obtain a title to a house and lot in the city of Brooklyn, which the defendants, as auctioneers, sold to him at public auction. The terms of sale which the defendants read, before offering to sell the premises, were as follows, viz: “ Ten per cent of the purchase money to be paid down, and one thousand eight hundred dollars of the remainder to remain on bond and mortgage upon the premises, if required by the purchaser.” The plaintiff bid §2225, for the house and lot, and the same were…
1Opinion of the CourtBalcom, J.
Whether the verdict of the jury was against evidence is not within the province of this court to determine. We must, therefore, assume the truth of the case to be as the jury have found, namely, that the defendants were not authorized to sell the house and lot for less than $2800. This being the case, their alleged contract, as auctioneers, to sell the same to the plaintiff for $2250, was not binding upon the owner. The defendants were constituted agents for a particular purpose, and under a limited and circumscribed power, and could not bind their principal beyond their authority. (See Batty…
2Cases cited13 opinions
- Baldwin v. MunnNew York Supreme Court · 1829
- Driggs v. DwightNew York Supreme Court · 1837
- White v. SkinnerNew York Supreme Court · 1816
- Mills v. HuntNew York Supreme Court · 1838
- Brown v. FeeterNew York Supreme Court · 1831
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Mack v. . PatchinNew York Court of Appeals · 1870
- Hammond v. HanninMichigan Supreme Court · 1870
- Meyer v. . RedmondNew York Court of Appeals · 1912
- Kirkpatrick v. DowningSupreme Court of Missouri · 1874
- Monson v. KillIllinois Supreme Court · 1898
15 more not listed; retrieve them via the Exa API.