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" The auctioneer is the agent of the vendor, and the assent of both parties is necessary to make the contract binding ; that is signified on the part of the seller by knocking down the hammer, which was not done here till the defendant had retracted. An... "
Reports of Cases at Law Argued and Determined in the Supreme Court of North ... - Page 266
by North Carolina. Supreme Court, James Iredell - 1847
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Term Reports in the Court of King's Bench, Volume 3

Great Britain. Court of King's Bench, Charles Durnford, Sir Edward Hyde East - Law reports, digests, etc - 1817 - 946 pages
...agent of the vendor, and the assent of both parties is necessary to make the contract binding; that is signified on the part of the seller by knocking down the hammer, which was not done here till the defendant had retracted. An auction is not unaptly called locus panitentia....
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A Practical Treatise [o]f the Law of Vendors & Purchasers of Estates

Edward Burtenshaw Sugden - Vendors and purchasers - 1818 - 862 pages
...knocked down (z°) : because the assent of both parties is necessary to make the contract binding ; that is signified, on the part of the seller, by knocking down the hammer. An auction is not unaptly called locus pcenitenticc. Every bidding is nothing more than an offer on...
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A Practical Treatise of the Law of Vendors and Purchasers of Estates

Edward Burtenshaw Sugden - Estates (Law) - 1822 - 1028 pages
...knocked down (i) ; because the assent of both parties is necessary to make the contract binding ; that is signified, on the part of the seller, by knocking down the hammer. An auction is not unaptly called locus pcenitentitf. Every bidding is nothing more than an offer on...
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A General Abridgment and Digest of American Law: With Occasional ..., Volume 1

Nathan Dane - Law - 1823 - 728 pages
...agent of the vendor, and the assent of both parties is necessary to make the contract binding, and that is signified on the part of the seller by knocking down the hammer." § 9. The auctioneer is liable to the action of the highest i mp . MP bidder for the deposit, where...
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The Law of Contracts and Promises Upon Various Subjects and with Particular ...

Samuel Comyn - Contracts - 1824 - 680 pages
...agent of the vendor, and the assent of both parties is necessary to make the contract binding; that is signified on the part of the seller by knocking down the hammer, which was not done here till the defendant had retracted. An auction is not unaptly called locus peenitentiee....
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A Treatise on the Law of Auctions, with an Appendix of Precedents

Richard Babington - Auctions - 1826 - 300 pages
...agent of the vendor, and the assent of both parties is necessary to make the contract binding ; that is signified on the part of the seller by knocking down the hammer, which was not done here till the defendant had retracted. An auction is not unaptly called locus penitentia....
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 1

Great Britain. Court of Common Pleas, John Bayly Moore, Joseph Payne - Law reports, digests, etc - 1828 - 878 pages
...agent of the vendor, and the assent of both parties is necessary to make the contract binding; that is signified on the part of the seller by knocking down the hammer, which was not done here till the defendant had retracted. An auction is not unaptly called locus pcemteatiae....
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A Series of Letters to a Man of Property: On Sales, Purchases, Mortgages ...

Edward Burtenshaw Sugden - Real property - 1829 - 216 pages
...actually knocked down ; because the assent of both parties is necessary to make the contract binding; that is signified on the part of the seller by knocking down the hammer. Every bidding is nothing more than an offer on one side, which is not binding on either side till it...
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A Practical and Elementary Abridgment of the Cases Argued and ..., Volume 2

Charles Petersdorff - Law - 1830 - 566 pages
...agent of the vendor, and the assent of both parties is necessary to make the contract binding. That is signified on the part of the seller by knocking down the hammer, which was not done here till the defendant had retracted. Therefore, as every bidding is "ere a nothing...
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Reports of Cases Argued and Determined in the Supreme Court of the ..., Volume 2

Louisiana. Supreme Court, Branch Walthus Miller, Thomas Curry - Law reports, digests, etc - 1832 - 662 pages
...retracted before the hammer is down: that every bidding is nothing more than an offer on one side, which is not binding on either side until it is assented to. — 2 Kenft Com. 424. Payne vs. Cane, 3 Term, 148. The rule thus laid down would decide this case in...
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