Sales by Auction, Unless Expressly Exempted, are Within Statute Of Frauds

The Suit in Couture v. Lowery, 122 Vt. 239, 168 A.2d 295 (1961) was of equity by purchaser at auction for specific performance to compel conveyance of land by the owners. The Chancery Court entered a decree of specific performance and the owners appealed.
 
The Supreme Court stated that, “[p]resent-day authorities universally agree that sales by auction, unless expressly exempted, are within the provisions of the Statute of Frauds. 5 Am.Jur. Auctions, § 28, p. 465, and cases cited. Brey v. Tvedt, 74 N.D. 192, 198, 21 N.W.2d 49. We have no exempting statute relating to sales of privately owned real estate at a public auction of this character. 9 V.S.A. § 1521, is limited to a sale of goods by auction, and does not apply to a sale of real estate. The authority given by the defendants to the auctioneer in this case to sell the farm was not in writing as required by 12 V.S.A. § 181. In order to hold the defendants to specific performance of the agreement to convey, they must either have personally signed a written agreement to sell the farm, or have duly authorized in writing an agent to sign for them. No such writing appeared in the case.” Id. at 298.
 
The Supreme Court held that the owners who had dot personally signed a written agreement to sell the land and had not duly authorized auctioneer in writing to sign for them could not be compelled to specifically convey land struck off to purchaser at auction.