Flanigan v. Crull

Citations

• 53 Ill. 352

Syllabus

<p>1. Parties—who may sue for the price of goods sold at cmction. An auctioneer can maintain a suit in his own name for goods sold and delivered by him, because he has the possession of the goods and a lien upon them for his charges.</p> <p>3. So, where A, being a member of a club of twenty-three persons who bought each a ticket in a New York lottery scheme, with an agreement to share equally whatever might be drawn, received a sewing machine drawn by the club, paying the charges for freight, and upon authority of a majority of the ticket holders, sold the machine at auction, it was held, that A could maintain an action in his own name for the price of the machine. Having the possession, and a lien on the machine for the freight paid by him, his position was the same as that of any auctioneer who sells and delivers goods by authority of the owner.</p>