Dodge City times. [volume] (Dodge City, Kan.) 1876-1892, 1882-06-15

animal prove better than was expected.
then he has got fully the worth OF his
money. and perhaps more.
II the seller gets less than its value,
then it is his own fault, for he is sup
posed TO know every peculiarly of tenn
per and body; and where animals are
unknown TO the bidders, except as they
appear in the ring. it is unquestionably
the duty Of the seller, as stated above,
either by publication in the catalogue.
in person, or through the auctioneer.
when the animal is brought into the
ring. to secure to himself all the advan-
tages of entire absence of defects in
given Offering, or, on the other hand. 10
protect innocent buyers from being
wronged through Withholding facts
from them. If bidder, after having
made bid, sees any reason for regret
ting, he can recall the bid at any time
before the hammer falls. In doing so,
he cannot be considered a compromis-
ing himself He may do this, inilu-
enced by seeing something in the APP
peaIance of the animal offered that had
before escaped his observation, or he
may do ii through some hint from a
friend. Simply to say: Il Withdraw my
bid is sufficient, and after having
done so, he is as clear in the ewes of the
law as though he had made no bid.
II an auctioneer received an animal
not catalogued in the regular sale of
the dav. and fails TO state from whom
he receives il for sale, he is liable to the
buyer as though he was selling it as his
own property. II the acutioneer he
guilty of fraud or deceit. or if he take
the responsibility of selling property that
is in dispute. he will render himselflia
TO the buyerfor any wronginilicted. And
if he connives with the yender to de-
ceive the buyer. he is responsible TO the
latter for any loss sustained. Nor can
he come upon his employer to make
good any payment he is compelled TO
make to the injured party. If the auc-
tioneer or vender sells property the title
TO which rests in a third party, whose
name is not announced as the real owner,
the buyer being told. or led TO believe,
that the seller is the owner. then the
sale is void, if the buyet sees fit 10 SO
declare it, This, it will be seen, pro
tects the public against the practice of
running i'm animals into sale made
by prominent breeder, the real owner
being an obscure party, and, perhaps.
one against whom distrust would arise il
he were known to the bidders. So il
viii be observed that innocent buyers,
if doubts arise on points of the kind re-
ferred TO, have a right to demand such
statements as will establish clear I'M
derstanding. and place all responsibility
where il belongs The seller has ample
opportunity for demanding adequate Sc
curity for the payment of the purchase
money, if the sale be made on credit,
and the law comes most arbitrarily TO
his aid in enforcing the collection of the
debt If the seller be not responsible.
he can. if he knows that any question
of unsoundness is liable to come up
against him before the note falls due.
sell or transfer il TO a third party,
placing himself thereby beyond reach.
Hence. every consideration points to
the justice of requiring full information
from the seller. al the time the sale Is
made, As his stock is likely to bring all
it appears 10 be worth. while appear
ances may be a very imperfect index. in
the case of some of the offerings, as to
their real value. National Lice Stock