59-8-1. Authority from seller.
An auctioneer in the absence of special authorization or usage to the contrary, has authority from the seller, only as follows:
(1)To sell by public auction to the highest bidder;
(2)To sell for cash only, except such articles as are usually sold on credit at auction;
(3)To warrant in like manner with other agents to sell, the title, quality, and quantity of personal property;
(4)To prescribe reasonable rules and terms of sale;
(5)To deliver the thing sold, upon payment of the price;
(6)To collect the price; and
(7)To do whatever else is necessary, or proper and usual, in the ordinary course of business, for effecting these purposes.
Source: CivC 1877, §1385; CL 1887, §4008; RCivC 1903, §1704; RC 1919, §1286; SDC 1939, §3.0501.