2.
Auctions are generally held by express authority, and the person who
conducts them is licensed to do so under various regulations.
3.
The manner of conducting an auction is imaterial; whether it be by
public outcry or by any other manner. The essential part is the
selection of a purchaser from a number of bidders. In a case where a
woman continued silent during the whole time of the sale, but whenever
anyone bid she gave him a glass of brandy, and when the sale broke up,
the person who received the last glass of brandy was taken into a
private room, and he was declared to be the purchaser; this was adjudged
to be an auction. 1 Dow. 115.
4.
The law requires fairness in auction sales, and when a puffer is
employed to raise the property offered for sale on bona fide bidders, or
a combination is entered into between two or more persons not to
overbid each other, the contract may in general be avoided. Vide Puffer,
and 6 John. R. 194; 8 John. R. 444; 3 John. Cas. 29; Cowp. 395; 6 T. R.
642; Harr. Dig. Sale, IV.; and the article Conditions Sale. Vide Harr.
Dig. Sale, IV.; 13 Price, R. 76; M'Clel. R. 25; 6 East, R. 392; 5 B.
& A. 257; S. C. 2 Stark. R. 295; 1 Esp. R. 340; 5 Esp. R. 103 4
Taunt. R. 209; 1 H. Bl. R. 81; 2 Chit. R. 253; Cowp. R. 395; 1 Bouv.
Inst., n. 976.
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