Kreps v. Webster

Judgment was rendered against plaintiff in error, a defaulting bidder at a sheriff’s sale on execution, for $900, being the difference between his bid and the amount realized at a subsequent sale. Defendant sought to avoid liability, claiming that the sale was void because the execution debtor had no title to the property, and he had been mistaken concerning the character of the sale. Plaintiff contends that caveat emptor applied and liability ensued.

On the issue of mistake, the testimony was conflicting and the court found thereon for the plaintiff. Such a finding cannot he reviewed, even…