Curtis v. Aspinwall
Massachusetts Supreme Judicial Court
Actions of contract tried together. The plaintiff in the first action sought to recover damages of the defendant for the non-performance of an agreement to complete the purchase of certain lots of land bid off by him at an auction sale. The plaintiff in the second action, being the defendant in the first action, sought to recover back the money paid by him as a deposit at the sale.
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Actions of contract tried together. The plaintiff in the first action sought to recover damages of the defendant for the non-performance of an agreement to complete the purchase of certain lots of land bid off by him at an auction sale. The plaintiff in the second action, being the defendant in the first action, sought to recover back the money paid by him as a deposit at the sale. At the trial in the Superior Court, before Pitman, J., it ap peared that June 6, 1871, Curtis, being the owner of land in Brookline, to which he had acquired title March 31,1868, divided it into eighteen lots, and…
1Opinion of the CourtMorton, J.
There is some diversity in the decisions, as to the circumstances under which by-bidding will invalidate a sale at auction. But it is clear, both upon principle and the weight of the authorities, that when the sale is advertised or stated to be without reserve, the secret employment by the seller of puffers or by-bidders renders the sale voidable by the buyer. Phippen v. Stickney, 3 Met. 384, and cases cited. Towle v. Leavitt, 3 Foster, 360. Veazie v. Williams, 8 How. 134. Thornett v. Haines, 15 M. & W. 367.
The offer of property at auction without reserve is an implied guaranty that it is to…
2Cases cited3 opinions
- Veazie v. WilliamsSupreme Court of the United States · 1850
- Tudor v. LewisCourt of Appeals of Kentucky · 1860
- Carpenter v. HolcombMassachusetts Supreme Judicial Court · 1870
3Cited by29 opinions
- Guernsey v. CookMassachusetts Supreme Judicial Court · 1876
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- Freeland v. RitzMassachusetts Supreme Judicial Court · 1891
- Lieber v. NicholsonTexas Commission of Appeals · 1918
- Smith v. GreeneMassachusetts Supreme Judicial Court · 1907
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