This section contains the nature of the case and procedural background.

P owned real property and authorized and empowered an auctioneer to sell the same property at public sale. D bid $11,800. The auctioneer then made and signed a memorandum of sale. D failed to pay the ten percent of the purchase money and failed to sign the memorandum of purchase. A notice was sent to D that the premises would be resold on his account and that P would hold him liable for any differences. The premises sold for $10,800. The referee found that P was entitled to judgment of $1,600 with interest and auction fees. The only writing of the sale was the memo prepared by the auctioneer wherein it was signed by them in their auctioneer’s book.

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