Bidder

One who offers to pay a specified price for an article offered for sale at a public auction.

Webster v. French, 11 111.

254;. one who offers to enter into a contract for work and labor, or supplying materials at a specified price.

— The bidder at an auction has a right to withdraw his bid expressly at any time before it is accepted, which acceptance is generally manifested by the fall of the hammer; Benj. Sales 50, 73; 3 Term 148; Doolin v. Ward, 6 Johns. (N. I.) 104; Bab. Auct. 30, 42; Blossom v. R. Co., 3 Wall. (U. S.) 196, 18 L. Ed. 43; Coker v. Dawkins, 20 Fla. 153; Nebraska Loan & Trust Co. v. Hamer, 40 Neb. 293, 5S N. W. 695;

— or the bid may be withdrawn by implication, as by an adjournment of the sale before the article under the hammer is knocked down; Faunce v. Sedgwick, 8 Pa. 40S. ers, to prevent a fair competition, would avoid the sale made to himself; 3 B. & B. 11G; Martin v. Ranlett, 5 Rich. (S. C.) 541, 57 Am. Dec. 770; Barnes v. Mays, 88 Ga. 606, 16 S. E. 67; Towle v. Leavitt, 23 N. H. 3G0, 55 Am. Dec. 105; Veazie v. Williams, 8 How. (U. S.) 134, 12 L. Ed. 1018.

But there is nothing illegal in two or more persons agreeing together to purchase a property at sheriff's sale, fixing a certain price which they are willing to give, and appointing one of their number to be the bidder; Smull v. Jones, 6 W. & S. (Pa.) 122; National Fire Ins. Co. v. Loomis, 11 Paige Ch. (N. Y.) 431; Kearney v. Taylor, 15 How. (U. S.) 494, 14 L. Ed. 7S7; Veazie v. Williams, 3 Sto. 623, Fed. Cas. No. 16,907. See Auction; Auctioneer. The writ of mandamus will not lie to compel city authorities to award a contract to the lowest bidder, where, in the exercise of their discretion, they have decided that the faithful performance of the contract requires judgment and skill which he does not possess, notwithstanding his ability to furnish good security; Com. v. Mitchell, 82 Pa. 343.