People v. Stelle

Citations

• 103 Ill. 467
• 1882 Ill. LEXIS 201

Syllabus

<p>1. Pasties—who may sue—on failure by purchaser at execution sale to make payment. An action of assumpsit will not lie in favor of the plaintiff in execution, against a bidder at sheriff’s sale under the execution, for failing ' to complete his purchase by payment of the purchase money, there being no privity between the parties.</p> <p>2. The sheriff who makes a sale under execution, alone, can maintain an action against the purchaser for a breach of his contract of purchase. The sheriff, in making such sale, does not act as the agent of the creditor, but as an officer of the law in performing a legal duty.</p>