BIDDE R. One who offers to pay a sped fled price for an article offered for sale at a public auction. Webster v. French, 11 Ill. 254; one who offers to enter into a con tract for work and labor, or supplying ma terials at a specified price.
The bidder at an auction has a right to withdraw his bid expressly at any time be fore it is accepted, which acceptance is gen erally manifested by the fall of the hammer ; Benj. Sales 50, 73; 3 Term 148; Doolin v. Ward, 6 Johns. (N. 1.) 194; Bab. Auct. 30, 42; Blossom v. R. Co., 3 Wall. (U. S.) 196, 18 L Ed. 43; Coker v. Dawkins, 20 Fla.' 153; Nebraska Lpan It Trust Co. v. Hamer, 40 Neb. 293, 58 N. W. 695; or the bid may be withdrawn by implication, as by an adjourn ment, of the sale before the article under the hammer is knocked down; Faunde v. Sedgwick, 8 Pa. 408.
The bidder is required to act in good faith, and any combination between him and. oth ers, to prevent a fair competition, would the sale made to himself ; 3 B. & B. 116 ; Martin v. Ranlett, 5 Rich. (S. C.) 541, , 57 Am. Dec. 770; Barnes v. Mays, 88 Ga. 696, 16 S. E. 67; Towle v. Leavitt, 23 N. H. 360, 55 Am. Dec. 195; Veazie v. Williams, 8 How. (U. S.) 134, 12 L. Ed. 1018. But there is nothing illegal in two or more persons agreeing together to purchase a property at sheriff's sale, ,fixing a certain price which they are willing to give, and appointing one of their number to be the bidder ; Smull v. Jones, 6 W. & S. (Pa.) 122; National Fire Ins. Co. v. Loomis, 11 Paige Ch. (N. Y.) 431; Kearney, v. Taylor, 15 How. (U. S.) 494, 14 L. Ed. 787; Veazie v. Williams, 3 Ste.' 623, Fed. Cas. No. 16,907. See AUCTION; Arm= TIONEER.
The writ of mandamus will not lie to com pel city authorities to award a contract to the lowest bidder, where, in the exercise of their discretion, they have decided that the faithful performance of the contract requires judgment and skill which he does not pos sess, notwithstanding his ability to furnish good security ; Com. v. Mitchell, 82 Pa. 343.
In a statute this term sig nifies not duration of time, bait a period for the happening of an event; People v. Tre main, 9 Hun (N. Y.) 573. In most of the states legislative sessions occur biennially; that is, once in two years.
BI ENS .(Fr. goods). Property of every description, except estates of freehold and inheritance. Sugd. 'Vend. 495; Co, Litt. 119 b; Dane, Abr.
. In the French law, this term includes all kinds of property, real and personal. Stens are divided into biens ineubles, movable property; and bens immes h/es, immovable property. The distinction between movable and immovable property is recognized by them; and gives rise, in the civil as well as in the common law, to important distinctions as to tights and remedies, Story, Cot& Laws, § note 1.
Taus les Netts means in French law "all the property, and must therefore be accepted as including both real and personal estate"; Lindsay v. Wilson, 103 Md. 252, 63 Atl. 566s 2 L. R. A. (N. S.) 408.
In Eddy v. Davis, 35 Vt. 247, it was held that biers, goods, includes both animate and inanimate movable property, citing Co. Litt. 118 b, to the effect that "biens, bona," are words which include all chattels, as well real as personal, and adding: "In this sense the word goods is used in the ancient and well known form of the solemnization of matrimony contained in the Book of Com mon Prayer: * * * 'With all my worldly goods I thee endow.'" In biens, real estate is included "in the sense of. the civilians and continental rists"; Adams v. Akerlund, 168 Ili. 632, 48 N. E. 454; Sto. Coufl. L. §§ 13, 146.