South Dakota Statutes

§ 59-8-1 — Authority from seller.

South Dakota § 59-8-1
JurisdictionSouth Dakota
Title 59AGENCY
Ch. 59-8AUCTIONEERS

This text of South Dakota § 59-8-1 (Authority from seller.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 59-8-1 (2026).

Text

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.

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Related

Bennett v. Jansma
329 N.W.2d 134 (South Dakota Supreme Court, 1983)
14 case citations
Equitable Life Assurance Society of the United States v. First National Bank
1999 SD 144 (South Dakota Supreme Court, 1999)
3 case citations

Legislative History

CivC 1877, § 1385; CL 1887, § 4008; RCivC 1903, § 1704; RC 1919, § 1286; SDC 1939, § 3.0501.

Nearby Sections

15
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Bluebook (online)
South Dakota § 59-8-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/59-8-1.