Girard v. Taggart

Duncan. J.

The facts in this case are so fully and clearly stated in the opinion delivered by the Chief Justice, before whom the cause was tried, that it is unnecessary to enter into a recapitulation of them.

The point reserved was, whether the owner of goods sold at auction, could on this contract, support any action against the buyer. That he cannot, is not so much urged on the reason of the thing, as on the authority of the decision in the case of Willing et al. v. Rowland et al. 4 Dall. 106. Had this been a solemn determination of the Supreme Court on debate, I would hesitate before I acted…