Deficiency Up on a Re-sale [Goods Sold at Auction]
the above-named plaintiff, states as follows:-
the day of 19, the plaintiff put up at auction sundry [goods], subject to the
condition that all goods not paid for and removed by the purchaser within [ten
days] after the sale should be re-sold by auction his account, of which
condition the defendant had notice.
defendant purchased [one crate of crockery] at the auction at the price of
plaintiff was ready and willing to deliver the goods to the defendant on the
date of the sale and for [ten days] after.
defendant did not take away the goods purchased by him, nor pay for them within
[ten days] after the sale, nor afterwards.
the day of 19, the plaintiff re-sold the [crate of crockery], on account of the
defendant, by public auction, for rupees.
expenses attendant upon such re-sale amounted to rupees.
defendant has not paid the deficiency thus arising amounting to rupees.
in paras.4 and 5 of Form No.1 and Relief claimed.]