AUCTION and AUCTIONEER. An auction is a public sale of property to the highest bidder. It is not material how the sale is conducted, whether by public outcry or other manner. The essential part is the selection of a purchaser from a number of bidders. Cata logues describing the property are usually printed, the terms of the sale are also usually stated in the catalogue. Auctions are generally conducted by persons licensed for that purpose. Bidders may be employed by the owner of the property, if it be done bona-fide and to prevent a sacrifice of the property under a given price, but where the bidding is fictitious and by corn bination with the owner to mislead the judg ment or inflame the zeal of others, it would be a fraudulent and void sale. Unfair conduct on the part of the purchaser will void the sale. Misdesctiption of property sold will void the sale if it is material. An auctioneer cannot bid for himself ; he cannot deny his principal's title; he cannot sell at private sale; he has ordinarily the power to collect the purchase price of goods sold from the buyer. The auctioneer must use
ordinary care and skill in the discharge of his duties, and like other agents he must obey the instructions he receives from the owner of property sent him for sale. An auctioneer, according to the weight of authority, who sells stolen property is liable to the owner, notwith standing that the goods were sold by him, and the proceeds paid over to the thief without notice of the felony. An auctioneer is also liable for want of care of the goods while in his possession. The auctioneer has a lien upon the goods for the charges of the sale, and for his commission. He is the agent of the seller, and, for the same purposes, of the buyer. Con sult Bateman,