Tull v. David
Supreme Court of Missouri
Appeal from Fifth District Court. I. A necessary party to a suit can not be the agent of either party to the contract, on a sale of property at public auction, so as to bind him by signing the memorandum, although he has no beneficial interest in the contract. (Browne on Frauds, §§ 367-8, note 1; Buckmaster v. Harrop, 13 Yes. 456 ; Smith v. Arnold, 5 Mass. Ch. Cas. 417; Bent v. Cobb, 9 Gray, 397.) II.
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Appeal from Fifth District Court. I. A necessary party to a suit can not be the agent of either party to the contract, on a sale of property at public auction, so as to bind him by signing the memorandum, although he has no beneficial interest in the contract. (Browne on Frauds, §§ 367-8, note 1; Buckmaster v. Harrop, 13 Yes. 456 ; Smith v. Arnold, 5 Mass. Ch. Cas. 417; Bent v. Cobb, 9 Gray, 397.) II. Although it seems to be settled that an auctioneer, sheriff, or the like, is the agent of both parties at the sale of property, yet if the action is brought by him, his signature will not be…
1Opinion of the CourtCurrier, Judge
This suit was brought to recover the amount of the defendant’s bid at an auction sale under a deed of trust. The plaintiff was the trustee in the deed, and acted as his own auctioneer at the sale. The property was struck off to the defendant as the best bidder, and the plaintiff thereupon entered on the margin of the paper containing the advertised notice, and contiguous thereto, a memorandum of the sale, thus : “ Sold to Herman David, for five hundred dollars.” -The notice described the property and contained a statement of the terms of sale.
The defendant resists the collection upon the…
2Cases cited2 opinions
- Wiley v. RobertSupreme Court of Missouri · 1858
- Stewart ex rel. Sibley v. GarvinSupreme Court of Missouri · 1860
3Cited by10 opinions
- American Savings Bank & Trust Co. v. HelgesenWashington Supreme Court · 1911
- Dunham v. HartmanSupreme Court of Missouri · 1900
- Asbury v. . MauneySupreme Court of North Carolina · 1917
- Hall v. GiesingMissouri Court of Appeals · 1914
- English v. Bank of the State of GeorgiaSupreme Court of Georgia · 1886
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