Opinion
March 12, 1952.
Appeal from Supreme Court, Lawrence County.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
Defendant bid in some cattle for the price of $2,956.64 at an auction sale conducted by plaintiff. He contends that plaintiff's manager knew he was not bidding for himself, and that as between them the transaction was not to be considered complete until he had disclosed the identity of his principal. Also, that because after the sale an invoice was sent to Mid-Valley Beef Company, the alleged principal then disclosed, he was released from liability. Assuming that defendant was acting for the Mid-Valley Beef Company within the scope of his authority, which is not at all clear, he did not disclose such fact until after the auctioneer's hammer fell. Under these circumstances the plaintiff could hold either or both, and defendant was not released from liability simply because a bill was sent at his direction to the assumed principal (Personal Property Law, § 102; Ell Dee Clothing Co. v. Marsh, 247 N.Y. 392; Foreign Trade Banking Corp. v. Gerseta Corp., 237 N.Y. 265). We find no issues of fact that would take the case out of these legal principles and require its submission to a jury. Judgment unanimously affirmed, with costs.