
    NOTT & CO vs. BANK OF ORLEANS.
    Easters Dis.
    
      June, 1841.
    APPEAL PROM THE COMMERCIAL COURT OP NEW ORLEANS.
    Purchasers at auction are not hound by new conditions, proclaimed verbally from the stand by the auctioneer, different from or more onerous than those advertised in the auction hills.
    This is an action on the folie enchére, to recover the differ-encebetween two bids on three hundred and fifty shares of Gas Bank stock, adjudicated to the defendants. At the first sale they bid $24 per share, but refused to comply with some new conditions imposed at the sale. It was resold at their risk and purchased by their agent for $20 50. They are sought to be charged with the difference. This case is decided on the same principles and facts of the preceding one, between the same plaintiffs and Oakey et al. i
    
      Straiobridge for the plaintiffs.
    
      L. Peirce for defendants.
   Morphy-, J.

delivered the opinion of the court.

This case being similar in every respect to that this day decided between the same plaintiffs and S. W. Oakey & Co., must receive the same decision, on the grounds therein set forth.

The judgment ofthe- Commercial Court is therefore affirmed with costs*  