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Contracts Keyed to Fuller
Hoffman v. Horton
Citation:
212 Va. 565, 186 S.E.2d 79 (Va. 1972)Facts
The case involved a foreclosure sale of the “Field Tract” in Arlington County, Virginia, which was subject to a deed of trust in the amount of $100,000. During the auction, after spirited bidding, plaintiff Hoffman made a bid of $177,000. When no further bids appeared forthcoming, the auctioneer announced “sold for $177,000” and struck the palm of his left hand with his right fist. Immediately afterward, a trustee informed the auctioneer that he had missed a bid of $178,000. The auctioneer, who had neither seen nor heard this bid, announced he would continue the sale if he had missed a bid. Despite Hoffman’s protest that he had already purchased the property for $177,000, the bidding continued, and Hoffman ultimately purchased the property for $194,000. Hoffman paid the full amount under protest and then sued to recover the $17,000 difference.
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