31. When auctioneer may sue in own name.

An auctioneer1 may, by reason of his lien2 on or special property in goods, maintain a claim in his own name for the price of goods sold and delivered by him3. This is so even where he sells and delivers as agent4 for a disclosed principal5, but this right does not extend, in the absence of special contract, to suing for the purchase money of land if he sells as agent for a disclosed principal6, or for rent for the use and occupation of land let by him by auction7.

There are dicta which suggest that the right to sue,

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