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Southland Times, Issue 585, 31 October 1866, Page 2

RESIDENT MAGISTRATE'S COURT. (Before John Blacklock, Esq., J.P., and Duncan M' Arthur, Esq., J.P.) MONDAY, 29th OCTOBER. MTJREA.Y T. MITJfIIO. This was a claim for £6, the value of certain articles bought at public auction . It appeared from the evidence of the plaintift that on the 2nd October he attended a sale of furniture at Sylvan Bank, at which the defendant was the auctioneer, and amongst the articles offered for sale was a bath, for which the plaintiff bid 103., but the auctioneer knocked it down to himself at 103., without taking any notice of plaintiff's bid. Plaintiff then said he had bid 10s. for it. Two other persons who were present also said plaintiff had bid 10s. Defendant denied that plaintiff had bid for it. There were some other articles which the man, who was showing the furniture, said were there* with the bath, and Munro said they were sold with the bath. These articles plaintiff got delivery of, with some other things he had bought at the sale. The next morning plaintiff saw defendant, and defendant said what right had he (plaintiff) to take away the things belonging to the bath, when plaintiff replied that he had bought them with the bath. Mr Sayers spoke to plaintiff several times, and defendant sent him a note in which he stated that he would re-sell the bath if plaintiff returned the other articles. Plaintiff then returned the articles, but although it was four weeks ago, defendant had not proceeded to resell it until after the summons in this case was issued. Two witnesses were called, who were present at the sale, who spoke positively to plaintiff having bid 10s. for the bath. At the close of the plaintiff's case, defendant applied for a non-suit on the ground that plaintiff had not proved the damage he bad sustained, and had consented to have the bath re-sold by his action in returning the other articles, as requested by defendant.

The Bench decided that defendant \ should proceed with his defence. The defendant positively denied; the I material statement of the plaintiff, and gave evidence to the effect that finding the bidding for the bath wasi so absurdly under its value, he had bought it in afc 10s. on behalf of the vendor, who would have the option of taking that price for it or having it re* sold. The plaintiff said at the sale that it was his bid which he (defendant) denied, and as the plaintiff did not express a wish to have the lot put up again, in terms of the conditions of sale, the bath was put down to defendant at 10s. When plaintiff claimed the bath, defendant wrote to him, stating that if he would return the other things he had taken away, he would put them up again for sale, as a disputed bidding. Instructions were given to resell, before the issue of the summons and the articles were put up for sale as soon as practicable after plaintiff had returned the things mentioned in defendant's note, and were sold for £2. Alexander Sayers assistant to defendant at the sale, deposed that he booked the bath to defendant at 10s. at defendant's request. Defendant spoke out loud in directing him to do so. Witness heard no dispute at all ; did not know there was any dispute until the following morning, when the defendant said as the bidding was disputed the things I must be re-sold, and they were kept out I of the account sales. I The Bench reserved their decision until 1 the following day, when JMr Blacklock I said that the Bench were of opinion, from 1 the evidence before them, the articles had 1 been sold to plaintiff for 10s. The con- | ditions of sale contained no provision for the auctioneer to bid either for himself or J for the vendor, and therefore the plaintiff I was clearly entitled to the property. If j the auctioneer had wished to withdraw ] the articles from sale, he should have I done so before the fall of the hammer. It appeared from the evidence that the articles had been re-sold for £2; the plaintiff was therefore entitled to that sum, less 10s. the amount he bid for them. Judgment for plaintiff, £1 10s. and costs.