59-8-1. Authority from seller.

An auctioneer in the absence of special authorization or usage to the contrary, 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 such articles as are usually sold on credit at auction;

(3)    To warrant in like manner with other agents to sell, the title, quality, and quantity of personal property;

(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, or proper and usual, in the ordinary course of business, for effecting these purposes.

Source: CivC 1877, § 1385; CL 1887, § 4008; RCivC 1903, § 1704; RC 1919, § 1286; SDC 1939, § 3.0501.