Auctioneer

contracts, commerce, is a person authorised by law to keep an auction, and sell the goods of others at public sale. He is the agcnt of both parties, the seller and the buyer, 2 Taunt. 38, 209; 4 Greenl.

R. 1; Chit. Contr. 208.

His rights are, 1st, to charge a commission for his services; 2ndly, he has an interest in the goods sold coupled with the possession; 3dly, he has a lien for his commissions; Athly, he may sue the buyer for the purchase money. He is liable, Ist, to the owner for a faithful discharge of his duties in the sale, and if he gives credit without authority, for the value of the goods; 2dly, he is responsible for the duties due to the government; 3dly, he is answerable to the purchaser when he does not disclose the name of his principal; 4thly, he may be sued when he sells the goods of a third person, after notice not to sell them, Peake’s Rep. 120; 2 Kent, Com. 423, 4.