from
Bouvier's Law Dictionary, Revised 6th Ed (1856)
AUCTIONEER, contracts, commerce. A person authorized by law to sell the
goods of others at public sale.
2. He is the agent of both parties, the seller and the buyer. 2 Taunt.
38, 209 4 Greenl. R. 1; Chit. Contr. 208.
3. His rights are, 1. to charge a commission for his services; 2. be
has an interest in the goods sold coupled with the possession; 3. he has a
lien for his commissions; 4. he may sue the buyer for the purchase-money.
4. He is liable, 1. 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; 2. he is responsible for the duties due to the government; 3. he is
answerable to the purchaser when he does not disclose the name of the
principal; 4. be 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; 4
John. Ch. R. 659; 3 Burr. R. 1921;.2 Taunt. R. 38; 1, Jac. & Walk. R. 350; 3
V. & B. 57; 13 Ves. R. 472; 1 Y. & J. R. 389; 5 Barn, & Ald. 333; 1 H. Bl.
81; 7 East, R. 558; 4 B. & Adolph. R. 443; 7 Taunt. 209; 3 Chit. Com. L.
210; Story on Ag. Sec. 27 2 Liv. Ag. 335 Cowp. 395; 6 T. R. 642; 6 John.
194; Bouv. Inst. Index, h.t.