Giolitto v. Dingolo

Real estate was offered for sale at public auction by the plaintiff, and was struck off to the defendant for $2,850. The advertisement of sale called for a deposit of $300 from the purchaser. The defendant, although requested to make this deposit, refused to comply. “After a few minutes . . . [the auctioneer] reopened the sale ” and the property was then sold for $2,600. The judge found that the auctioneer, immediately after the second sale, made a memorandum on the margin of the newspaper containing the advertisement of sale in this form: “ June 12, Sold the property for $2850.00 to Dingolo,…