Nature of the Case
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Facts
The auctioneer (D) received a bid of $177,000 for Horton's (D1) property from Hoffman (P) and struck his hand with his fist; the sale was complete. D was immediately notified that he had missed a bid made prior to striking his hand. D reopened the auction. P protested but finally bought the property for $194,000. P sued to recover the extra $17,000 he had to pay; his offer of $177,000 had been accepted when the auctioneer struck his hand. The court gave the verdict to D; the UCC grants an auctioneer discretion to reopen the bidding if a bid is made while his gavel is falling.
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