Webster v. Hoban
Supreme Court of the United States
ERROR to the Circuit Court for the district of Columbia, in a special action on the case, by the Plain? tiffs in error, against the Defendant in error, for not paying the purchase money for a house sold by the Plaintiffs to the Defendant, at public auction. The premises were publicly advertised, and set up at auotion-by a licensed auctioneer.
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ERROR to the Circuit Court for the district of Columbia, in a special action on the case, by the Plain? tiffs in error, against the Defendant in error, for not paying the purchase money for a house sold by the Plaintiffs to the Defendant, at public auction. The premises were publicly advertised, and set up at auotion-by a licensed auctioneer. On the day of sale, certain written articles, purporting to exhibit the terms, were read aloud by the auctioneer in the presence and hearing of the Defendant and others assembled upon that occasion, and the paper was also handed round and read by those…
1Opinion of the CourtLivingston, J.
delivered the opinion of the Court as follows .-
If there ever existed a valid agreement between these parties in relation to the house in question, on which the Court gives no opinion, the terms of it must be sought for in the articles exhibited by the auctioneer, at the thne of sale. Of these, two only bear on this case. These were, « that the purchaser should secure the pur- ** chase money with interest by his promissory notes, « with two approved indorsers, payable in 6 and 12 “ months” — and “ that the purchaser should be allowed “ thirty days to comply with these terms,_ at which « time,…
2Cited by4 opinions
- Beede v. Fraser & Co.Supreme Court of Vermont · 1894
- Smith v. CunninghamNew Jersey Court of Chancery · 1905
- Anderson v. TruittMissouri Court of Appeals · 1893
- Townshend v. SimonSupreme Court of New Jersey · 1876