Reinach v. Jung

Citations

• 122 La. 610
• 48 So. 124
• 1909 La. LEXIS 596

Syllabus

<p>1. Vendo» and Pukchaser (§ 148*) — Tender oe Title — Necessity.</p> <p>Tender not necessary if contract is denied, and particularly if the vendee has refused to accept title.</p> <p>[Ed. Note. — For other cases, see Vendor and Purchaser, Dec. Dig. § 148.*]</p> <p>2. Auctions and Auctioneers (§ 6*) — No Legal Proof of Authority — Sales.</p> <p>The authority to the auctioneer given by the owner to sell his property should be given in writing; also the conditions of the sale. It ís the' law’s requirement. Without it, the one whose property is offered for sale is not bound, and it follows neither is he bound who becomes the adjudicatee.</p> <p>[Ed. Note. — For other eases, see Auctions and Auctioneers, Cent. Dig. § 18; Dec. Dig. § 6.*]</p> <p>3. Auctions and Auctioneers (§ 7*) — Prooe- • dure.</p> <p>The one bidding should have reason to know at the time that his bid will be good, should he be the highest bidder.</p> <p>[Ed. Note. — Eor other cases, see Auctions and Auctioneers, Dec. Dig. § 7.*]</p> <p>4. Auctions and Auctioneers (§ 6*) — Ratification — Adjudication — Bidders Have tiie Right to Assume that Auctioneer is Authorized.</p> <p>There can be no ratification. The adjudication was null and void for absolute want of evidence.</p> <p>It must be a complete act of adjudication, and •’cannot be made good some time afterward by an oiler to supply that which should have been given in the first place. Civ. Code, art. 2606.</p> <p>[Ed. Note.: — For other cases, see Auctions and Auctioneers, Dec. Dig. § 6.*]</p> <p>'.Land, J., dissenting.</p> <p>(Syllabus by the Court.)</p>