This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 Excerpt: ... point is valid. First Nat. Bank r. Hendrio, 49 Iowa, 402; 31 Am. Rep. 158. - St. Jo, etc., R. R. Co. v. Ryan, 11 Kan. 602; 15 Am. Rep. 357; Marsh v. R. R. Co., 64 1ll. 414; 16 Am. Rep. 664; St. Louis, etc., R. R. Co. v. Mathers, 71 1ll. 592; 22 Am. Rep. 122; Williamson v. R. R. Co., 53 Iowa, 126; 36 Am. Rep. 206. ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 Excerpt: ... point is valid. First Nat. Bank r. Hendrio, 49 Iowa, 402; 31 Am. Rep. 158. - St. Jo, etc., R. R. Co. v. Ryan, 11 Kan. 602; 15 Am. Rep. 357; Marsh v. R. R. Co., 64 1ll. 414; 16 Am. Rep. 664; St. Louis, etc., R. R. Co. v. Mathers, 71 1ll. 592; 22 Am. Rep. 122; Williamson v. R. R. Co., 53 Iowa, 126; 36 Am. Rep. 206. Puehlo, etc., R. R. Co. v. Taylor, 6 Col. 1; 45 Am. Rep. 512. auction by fictitious bids is a fraud on the buyer for which the sale will be set aside on his application,1 although it is not illegal to place a limit on the price below which the property must not be sold, and to withdraw it if it does not reach that figure,2 nor to employ a person to make fictitious bids for the sole purpose of preventing a sacrifice of the property offered for sale.3 Agreements, therefore, made between the auctioneer or the owner of the property and a third party by which he is to act as a t' puffer," are illegal and cannot be enforeed on either side: the puffer could not recover the compensation promised for his services, and the purehaser on discovering the fraud may return the property or refuse to be bound by his bid.4 Nor could the owner of the property recover it from the purehaser as being obtained on an illusory bid.5 307. Sales at Auction--Agreements to Defraud Owner.--Combinations and agreements between parties with a view of preventing fair competition at an auction sale are illegal and void as a fraud on the owner of the property, though if the intention of the parties be simply to obtain small quantities of the property which they desire, the lots offered being larger than any one of them alone is ahle or desires to purchase, the rule is different.1 in Phippen v. Stickney,"1 the court say: "An agreement between A and B that A w...
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