Burrough, Widow, v Skinner
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1770 |
| Date | 01 January 1770 |
| Court | Court of the King's Bench |
English Reports Citation: 98 E.R. 387
IN THE COURT OF KING'S BENCH
buhrough, Widow, ver. skinner. 1770. An auctioneer who has not paid a deposit over to his principal, is liable for the same to the bidder. The defendant was an auctioneer; and, in that character, had sold to the plaintiff an interest in land, for which the plaintiff had paid him a deposit of £50 but, upon an objection to the title, and the want of disclosure of certain circumstances which ought to have been disclosed at the time of the bidding, the plaintiff (the purchaser) declined going on with the contract; and, in the opinion of the Court, she had sufficient reason for so doing. She therefore required the auctioneer to pay her back 388 HEX V. DUNN a BURR. 2640. his deposit of £50. The auctioneer refused. Whereupon, the bidder brought this action against him, to recover it. The auctioneer paid £8 into Court. The cause was tried, and the plaintiff obtained a verdict. The auctioneer moved for a new trial; and had a rule to shew cause. But, upon shewing cause, The Court were clear, that the action lay against the auctioneer. The money does not appear to have been paid over by him to his principal. But if it had been so, yet the...
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