30-11-506. Auctioneer's authority from the seller. An auctioneer, in the absence of special authority or usage, has authority from the seller only as follows:
(1) to sell by public auction to the highest bidder;
(2) to sell for cash only, except for articles usually sold on credit at auction;
(3) to warrant as an agent pursuant to 28-10-421;
(4) to prescribe reasonable rules and terms of sale;
(5) to deliver the thing sold upon payment of the price;
(6) to collect the price; and
(7) to do whatever else is necessary, proper, and usual in the ordinary course of business for effecting these purposes.
History: En. Sec. 3160, Civ. C. 1895; re-en. Sec. 5461, Rev. C. 1907; re-en. Sec. 7976, R.C.M. 1921; Cal. Civ. C. Sec. 2362; Field Civ. C. Sec. 1264; re-en. Sec. 7976, R.C.M. 1935; Sec. 66-201, R.C.M. 1947; amd. and redes. 74-706 by Sec. 6, Ch. 263, L. 1977; R.C.M. 1947, 74-706.
Structure Montana Code Annotated
Part 5. Auction Sales and Auctioneers
30-11-501. Sale by auction defined
30-11-503. Sale under written conditions
30-11-504. Auctioneer's memorandum of sale
30-11-506. Auctioneer's authority from the seller
30-11-507. Auctioneer's authority from the bidder
30-11-508. Auctioneer -- authority and bond
30-11-509. Reciprocal privileges to nonresident auctioneers
30-11-510. Bond and sureties -- approval -- filing
30-11-511. Auctioneers ex officio
30-11-512. Assistant -- who may act and when
30-11-513. Auctioneers to designate one place of business -- partners