25. Liability on contract of sale.

Where an auctioneer1 sells for an undisclosed principal, he is personally liable on the contract2. Where an auctioneer discloses the fact that he is selling as an agent3, but does not name his principal, he is personally liable on the contract unless a contrary intention appears, the presumption being that the buyer is only willing to contract with the unknown person if the auctioneer makes himself personally liable. This presumption does not, however, arise in the case of the sale of a specific chattel which the buyer knows is not the auctioneer's property4.

The extent of his liability and the

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