3 D.C. 251
Decided December 15, 1827
This was an action against an auctioneer, for not accounting for goods deposited with him to be sold at a limited price; as per schedule amounting to $450.18. contended that the auctioneer was not bound by the limitation of price; that if he set them up, he was bound to sell them to the highest bond fide bidder, whatever might be the amount of the bid; and that the auctioneer was not liable if the goods perished because they would not sell for the price limited by the owner.
Decided 1827-12-15
¶1The Court instructed the jury, in effect, that the auctioneer was bound by his instructions; and if the price was limited by the owner, his duty was to set them up at that price, and if they would not bring it, he had no right to sell them; and if they perished because they could not be sold at that price, it was not his loss.
¶2Verdict for the defendant.