The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-03-18
Marine Court.
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MAacH l7.-IMroarAsrr TO AucrIoHruns AND Pua-
cHA.sas or REAL EsrArr.-.anthonyL Blocker. rs Oh
PENDANT the sum Of sixty dollars. under the following
circumstances The plaintiff. auctoneer for the
a. hi r.. d
ruary last TO the defendant twelve lots Of land There
for sm 20 .s One a Ss.s 20 ,ns
cined that the fees Of the auctoneer to be
each parcel knocked down" The court collected
from the testimony that these terEs Of sale read
on rom the paper given the suctoneer by him at the
opening Of the SALE though this fact did not clearly APP
pear The sale commenced, and when the auctoneer
came to the lots he put up one lot at time upon
which some one or more OF the bysanders requested
S mi LOT should Ds put up with privilege Of a. ma
50 as to be distinctly heard (and while the master in
no objections so to allow the privilege, provided the
purchaser BY that should not deprive him Of his fees on
and IS street and gore lots The defendant bought
three parcels Of four lots each and insists that nasmuch
bound pay but sac for the entire purchase which he
was willing to psy and had 50 offered before the suit
ss' assc re 70
terma of SALE and that he there told he could pay
the fees of the auctonesr to the master or at the
toneers ONCE. The defendant went to the masters
oco and signed the printed terms read OF at the sale,
sind insisted he had but $40 70 pay a. auctoneer
as the suctionesr claimed 500. The defendant relied
"rhe written terms must govern. and the auctioneer
cannot show they were altered or varied by parole
III these written terms could be altered the plain
till acting agent Of the master, went bey ond
his agency when he altered the terms prescribed by
principal
rhat does not appear that the defendant was pre-.
sent when the parole ouncement was made and
shereore he would be held to know Of any aera-
zion from the printed terms.n
The auctioneer sending the defendant to the masters
once to the terms and the defendant there signing
the printed terms a. reced they then, at least become
binding upon the auctionecr"
The court decided THAT written contract be al
tered after 10 made by parole sRIeemept but this
was not written contract in eye Of the law The
printed paper was mere private memorandum furnish
Cd the auchoneer by the master There evidence
that single person, beside the master and auctoneer
saw AgsA, the statement of the apctioneer. to
his fees, after the sale commenced. wss new offer on
he purchaser, was assent his part that Offer
end this made the contract A the second point the
court held at the position taken by the defendant that
ne aucponeer was the mere agent OF the MASTER and
was bound to follow tho Instructions given by the
latter STILL the latter stood by and heard the new
implied Thirdly, "If the defendant not present
wnan the terms announced he should previous
oldding inquire upon what terms he purchased; other
wise he will be held TO know that he buying upon
the terms announced As to the last proposition, the
court commanded "when the auctoneer sent the defend
prsssy spoke Of his fees and the terms Of sale including
matters relative to the purchaser and vender lit
70 those the purchaser to sgn) must be under
mood no did not mean sgsn to make new contract as
regards his fees" The master had right after SALE
20 make any arrangement b5 which the fees Of the auc
take the $50. shows be had such insntion, but
meant to let that be question between the pur
chaser and auctioneer Judgment $50 besides the $40
left in court tender.