Blum v. Della Torre

A purchaser at auction may set off against the auctioneer a debt due him by the owner of the goods ; or the purchaser may make payment to the owner, and this would be a good defence against the auctioneer. The auctioneer might have refused to deliver the goods until the price was paid, on account of his lien for expenses, commissions, &c., but having delivered them, he has parted with his lien.