Superior Court of Pennsylvania January 13, 1906, Appeal, No. 188 (Brown v. Reber)

Opinion by

Mobbison, J.,

This is an action of assumpsit in which the court gave a binding instruction in favor of the plaintiff, and after judgment upon the verdict, the defendant appealed.

On March 11,1902, the plaintiff had a public sale of his farm stock. The'conditions of the sale were as follows: “1. The highest and best bidder shall be deemed the purchaser. 2.