No. 6
DEFICIENCY UPON A RESALE [GOODS SOLD AT AUCTION]
(Title)
A.B., the above named plaintiff, states as follows:–
- On the …….. day of …….20……, 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 on his account, of which condition the defendant had notice.
- The defendant purchased [one crate of crockery] at the auction at the price …… 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 resold the [crate of crockery], on account of the defendant, by public auction, for…… rupees.
- The expenses attendant upon such resale 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.]