Morgan v. Darragh

Citations

• 39 Tex. 171

Syllabus

<p>1. Where D. took a negro woman to an auctioneer in the evening, tellihg • him to sell her for what she would bring, and the auctioneer could not sell then, as there were to be no more ‘sales that day, but told D. to bring her the following morning and he would sell her, the negro appearing in • the morning, according to the previous' understanding, telling the auctioneer she had come to be sold; held, sufficient authority for the ■ auctioneer to sell, and the adjudication or striking off the property in - due course of auction sales was binding on D., and passed title to the purchaser.</p> <p>.2. In a public sale by an auctioneer, where there is an apparent authority to sell, the sale will be binding, notwithstanding the secret intention of the owner not to sell.</p>