AUCTIONEERS BOUND TO SELL AT THE HOUR ADVERTISED.

Poverty Bay Standard, Volume II, Issue 205, 16 September 1874, Page 2

AUCTIONEERS BOUND TO SELL AT THE HOUR ADVERTISED.

In the Sherriff Small-Debt Court Dumfries, a case which is of some importance to farmers and others was disposed of. Janies Kennedy, farmer, Brandyleys, sued Andrew Stewart and Sou, auctioneers, for £l2 damages, sustained in consequence of 800 sheep which the defendants had agreed to sell for pursuer at one o’clock on the Bth of October not having been sold till five o’clock. It was alleged for the defence that it is customary to leave the hour of sale in the hands of the auctioneer, and that by the delay in this case there was no loss sustained but the sheep met with brisk competition, and brought a fair price. In the course of the evidence it was stated for the pursuer that several parties had visited the mart to buy the sheep, but had to leave before they were put up ; that a lot of rams advertised to be sold at two o’clock were sold shortly after that hour though these sheep were not sold till after five; and that the competition was not brisk, and that the prices were injured by the delay. The Sheriff held that the ordinary rules of the auction mart as to selling stock in their turn did not apply in this case. The hour being advertised, he could not suppose that that meant nothing, and it was clear from the evidence that, had the hour agreed on be.-n adhered to, the prices would have been better. He gave damages to the amount of 6d a head on 258 sheep, and allowed expenses against defenders.