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AUCTIONEER

A person authorized or licensed by law to sell lands or goods of other persons at public auction; one who sells at auction. Crandall v. State, 28 Ohio St. 481; Williams v. Millington, 1 H. BL 83; Russell v. Miner, 5 Lans. (N. Y.) 539. Auctioneers differ from brokers, in that the latter may both buy and sell, whereas auctioneers can only sell; also brokers may sell by private contract only, and auctioneers by public auction, only. Auctioneers can only sell goods for ready money, but factors may sell upon credit. Wilkes v. Ellis, 2 H. Bl. 557; Steward v. Winters, 4 Sandf. Oh. (N. Y.) 590.

Law Dictionary – Alternative Legal Definition

contracts, commerce. A person authorized by law to sell the goods of others at public sale. 2. He is the agent of both parties, the seller and the buyer. 3. His rights are, 1. to charge a commission for his services; 2. be has an interest in the goods sold coupled with the possession; 3. he has a lien for his commissions; 4. he may sue the buyer for the purchase-money. 4. He is liable, 1. to the owner for a faithful discharge of his duties in the sale, and if he gives credit without authority, for the value of the goods; 2. he is responsible for the duties due to the government; 3. he is answerable to the purchaser when he does not disclose the name of the principal; 4. be may be sued when he sells the goods of a third person, after notice not to sell them.

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