27. Auctioneer joined as defendant.

27.     Auctioneer joined as defendant.

If the auctioneer1 is made a defendant to a claim by the buyer for specific performance or rescission, he will in general be dismissed from the claim on paying the balance of the deposit into court after deducting his charges, but he will not be so dismissed if relief is claimed against him personally on some ground, such as his misconduct at the auction2.