Deficiency Up On A Re Sale [goods Sold At Auction] - Legal Draft

A.B.,

the above-named plaintiff, states as follows:-On

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.The

defendant purchased (one crate of crockery) at the auction at the price of

rupees.The

plaintiff was ready and willing to deliver the goods to the defendant on the

date of the sale and for (ten days) after.The

defendant did not take away the goods purchased by him, nor pay for them within

(ten days) after the sale, nor afterwards.On

the day of 19, the plaintiff re-sold the (crate of crockery), on account of the

defendant, by public auction, for rupees.The

expenses attendant upon such re-sale amounted to rupees.The

defendant has not paid the deficiency thus arising amounting to rupees.[As

in paras.4 and 5 of Form No.1 and Relief claimed.]