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S.D. Codified Laws § 59-8-1

Authority from seller

Applied in 3 court decisions — leading case Bennett v. Jansma (1983)

Most recently applied in Equitable Life Assurance Society of the United States v. First National Bank (November 1999)

Source: CivC 1877, § 1385; CL 1887, § 4008; RCivC 1903, § 1704; RC 1919, § 1286; SDC 1939, § 3.0501.

How often courts cite this section

19831990199910
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

An auctioneer in the absence of special authorization or usage to the contrary, has authority from the seller, only as follows:

(1) To sell by public auction to the highest bidder;

(2) To sell for cash only, except such articles as are usually sold on credit at auction;

(3) To warrant in like manner with other agents to sell, the title, quality, and quantity of personal property;

(4) To prescribe reasonable rules and terms of sale;

(5) To deliver the thing sold, upon payment of the price;

(6) To collect the price; and

(7) To do whatever else is necessary, or proper and usual, in the ordinary course of business, for effecting these purposes.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.