WORRILL, J.
This is an action against an auctioneer of land based on an alleged warranty by him of the title to the lands sold by him and bid in by the plaintiff. The petition alleges that the defendant Todd entered into a contract with one Early for Todd to auction and sell certain lands purporting to belong to Early; that pursuant to the contract the defendant advertised that he would sell the lands to the highest bidder; that on the date of the said auction sale...
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