Faultersack v. Clintonville Sales Corp.
Wisconsin Supreme Court
1Opinion of the CourtFairchild, J.
The difficulty with the judgment entered at the circuit is that it overlooks the rule that the auctioneer loses his right to compensation by assuming a position inconsistent with his fiduciary relation as agent of the seller.
The auctioneer is deemed to be the agent of the seller. He can be the agent of both parties only for certain limited purposes such as the signing of the contract of sale. This exception came into being when it was settled that a sale at auction is within the provisions of the statute of frauds and requires a memorandum in writing. 5 Am. Jur., Auctions, p. 468, sec. 31;…
Also in this document: Dissent.
2Cases cited8 opinions
- Meinhard v. SalmonNew York Court of Appeals · 1928
- Jansen v. WilliamsNebraska Supreme Court · 1893
- Weinhagen v. HayesWisconsin Supreme Court · 1921
- Tufts v. MannCalifornia Court of Appeal · 1931
- St. Paul Fire & Marine Insurance v. LaubensteinWisconsin Supreme Court · 1916
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Market Street Associates Limited Partnership and William Orenstein v. Dale FreyCourt of Appeals for the Seventh Circuit · 1991
- Olympia Hotels Corp. v. Johnson Wax Development Corp.Court of Appeals for the Seventh Circuit · 1990
- Bruce Kaye v. Alan P. Rosefielde (073353)Supreme Court of New Jersey · 2015
- Glucona America, Inc. v. Ardisson (In Re Ardisson)United States Bankruptcy Court, N.D. Illinois · 2001
- Production Credit Ass'n of Chippewa Falls v. Equity Coop Livestock Sales Ass'nWisconsin Supreme Court · 1978
14 more not listed; retrieve them via the Exa API.