Reports of Cases Adjudged in the Supreme Court of Pennsylvania Volume 45 (Paperback)

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.1855 Excerpt: ... UCTION. 3. Where a purchase is made at auction of numerous articles of personal property, at one and the same time, and from the same vendor, the whole constitutes but one entire contract, though the articles purchased are struck off separately, at separate and distinct prices. Ibid. 4. If different lots of articles are sold to one person at an auction sale, and one of the lots is warranted, but turns out different from the warranty, in consequence of which the buyer refuses to take it, but the parties agree to settle for the other articles without prejudice to either, such acceptance of the other articles does not preclude the buyer from contesting his liability for the loss on a resale of the articles warranted. Barclay v. Tract/, V. 45. 5. Where the terms of sale and responsibility of the parties are different in the sale of different articles to one person at an auction, the contracts in respect to them may be considered as different, and not one entire contract. Ibid. AUDITOR. An auditor appointed to distribute moneys cannot inquire into a judgment rendered in court, but must take it as conclusive. He may adjourn the case to enable a party to apply to the court to open the judgment. Estate of J. B. $ C. W. Dyott, II. 557. BAIL. Appeal, 12, 13. Judgment, 23. Justice Of The Peace, 4. Substitution, 5. 1. Bail for a stay of execution may be taken by the prothonotary, and perfected afterwards by the approval of the court or a judge. The approval is for the benefit of the creditor, and he may waive the necessity of it, either expressly or impliedly; but neither the debtor nor the bail can take advantage of the want of it. Stroop v. Grross, I. 139. 2. The obligation of a recognizance before a justice of the peace for a stay of execution is, that the defendant...