Bowdoin v. Headley

Plaintiff, through an auctioneer, offered a certain piece of real estate for sale at auction. The sale’was conducted' as'advertised, and defendant being the highest, best, and last bidder, he was declared to be the purchaser. No note or other memorandum was made of the sale by the auctioneer, his clerk, or agent, as required by section 4290 of the Code of 1907, at the time of sale. The auctioneer left the place of sale, went to his home, and some three hours later went to his office, where from his memory he prepared and signed an auctioneer’s certificate of the sale, in form and contents…