#### O. A. Lundquist, Plaintiff in Error, v. A. P. Child, Defendant in Error.

Gen. No. 5,755.

(Not to be reported in full.)

Error to the Circuit Court of Putnam county; the Hon. Theodobe N. Gbeen, Judge, presiding. Heard in this court at the April term, 1913.

Affirmed.

Opinion filed August 2, 1913.

*586Abstract of the Decision.

1. Auctions, § 8 * —when declaration in action for amount hid is demurrable. In an action for purchase money of lands sold at auction, a declaration containing no averment of auctioneer’s written authority to make the sale and declaring on a contract not complete in that no time for payment is fixed, held subject to demurrer.

2. Auctions, § 8*—sufficiency of declaration. Declaration in an action for amount bid for land at an auction sale setting out a written memorandum of the sale which is insufficiently definite to locate the property by parol evidence, and varies from the contract sued on, is bad.

3. Auctions, § 8*—when attached copy of advertisement of sale, no part of declaration. In an action for amount bid at an auction sale, a copy of the advertisement of the sale attached to the declaration as a “copy of account” is no part of the declaration so as to show the terms of sale.

4. Feauds, statute of, § 123*—when defense may he raised hy general demurrer. Advantage may be taken of the statute of frauds by general demurrer where it appears from the face of the declaration that the agreement sued on is within the statute and fails to comply with the requirements thereof.

5. Feauds, statute of, § 56*—when authority of auctioneér to sell land must he in writing. Since Act of 1869 (see J. & A. If 5868), authority of an auctioneer to sell land must be in writing signed by the party to be charged.

Statement of the Case.

Action by 0. A. Lundquist against A. P. Child to recover the balance due on amount bid by defendant for certain real estate at an auction sale. Prom a judgment entered against plaintiff, upon trial court sustaining a demurrer to the declaration, plaintiff brings error.

George W. Hunt and Butters & Armstrong, for plaintiff in error.

Barnes & Magoon, for defendant in error.

*

See Illinois Notes Digest, Vols. XI to XIV, same topic and section number.

Mr. Justice Carnes •

delivered the opinion of the court.