59-8-2Memorandum binding both parties.

An auctioneer has authority from a bidder at the auction as well as from the seller to bind both by a memorandum wherever a written memorandum is required, by any statute or by usage, to make a valid contract of sale and such memorandum must be in the form and content prescribed.

Source: CivC 1877, § 1386; CL 1887, § 4009; RCivC 1903, § 1705; RC 1919, § 1287; SDC 1939, § 3.0502.