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