AUCTION. A public sale of property to the highest bidder.
The manner of conducting an auction is imma terial, whether it he by public outcry or by any other manner. The essential part is the selection of a purch ,ser from a number of bidders. In a case where a woman continued silent during the whole time of the sale, hut whenever any one bid she gave him a glass of brandy, and, when the sale broke up, the person who received the last glass of brandy was taken into a private room and he was declared to be the purchaser, this was adjudged to he an auc tion. 1 Bowl. Bail. 115.
Auctions are generally conducted by a per Am licensed for that purpose. Bidders may be employed by the owner, if it be done bond fide and to prevent a sacrifice of the pro t.erty under a given price, 1 Hall, N. Y. 655 ; 11 Paige, Ch. N. Y. 431 ; 3 Stor. C. C. 622; but where bidding is fictitious and by judgment tion with the owner to mislead the udgment and inflame the zeal of others, it would be a fraudulent and void sale. 8 How. 134; 3 Stor. C. C. 611; 11 Ill. 254; 2 Dev. No. C.
126; 3 Mete. Mass. 384; 3 Gilm. Va. 529. And see 6 J. B. Moore, 316 ; 3 Brod. & B. 116; 3 Bingh. 368; 15 Mees. & W. Exch. 367; 13 La. 287; 23 N. H. 360; 6 Ired. Eq. No. C. 278, 430; 14 Penn. St. 446. Unfair conduct on the part of the purchaser will avoid the sale. 6 J. B. Moore, 216; 3 Brod. & B. 116; 3 Stor. C. C. 623. 20 Mo. 290; 2 Dev. No. C. 126. See 3 Gilm. Va. 529 ; 11 Paige, Ch. N.Y. 431; 7 Ala. N. s. 189. Error in description of real estate sold will avoid the sale if it be material, 4 Bingh. N. c. 463; 8 Carr. & P. 469; 1 Younge & C. Ch. 658; 3 Jones & L. Ch. Ir. 506; but an immaterial variation merely gives a case for deduction from the amount of purchase-money. 2 Kent, Comm. 437 5 6 Johns. N. Y. 38 ; 11 id. 525; 2 Bay, So. C. 11; 3 Cranch, 270. A bid may be re tracted before acceptance has been signified. 3 Term, 148 ; 4 Bingh. 653. See 13 Price, Exch. 103. Consult 2 Kent, Comm. 536; 1 Par sons, Contr. 415; 1 Bouvier, Inst. n. 976.