¶1A purchaser at auction may set off against the auctioneer a debt due him by the owner of the goods ; or the purchaser may make payment to the owner, and this would be a good defence against the auctioneer. The auctioneer might have refused to deliver the goods until the price was paid, on account of his lien for expenses, commissions, &c., but having delivered them, he has parted with his lien.
21 S.C.L. 155
Blum v. Della Torre
Court of Appeals of South Carolina
Decided April 15, 1836
Court of Appeals of South Carolina · decided 1836-04-15
Decided 1836-04-15