The case concerned whether an auction sale was enforceable under the Statute of Frauds when the auctioneer failed to record the name of the seller in the sale book at the exact time of the sale. The court held that the sale was not binding because the required memorandum must be entered contemporaneously with the sale, at which point the auctioneer acts as agent for both parties. Later entry of the seller's name, even on the same day, exceeded the auctioneer's authority and did not satisfy the statute. The decision followed precedent from a similar New York case interpreting an identical provision. The judgment below was reversed.

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