28. Breach of warranty of authority and fraud.

Where an auctioneer1 sells property without or in excess of his authority, he is, like other agents, liable to the buyer for breach of warranty of authority2. Where the auctioneer sells goods of which his principal is not the true owner, a liability in conversion3 will arise, and if the buyer finds himself sued by the true owner he may in turn seek to recover from the auctioneer. The auctioneer will only be liable for breach of warranty as to his seller's title if he has expressly warranted it