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In the Lawsuit in Which Barry Sues Helen for Return

Question 49

Multiple Choice

In the lawsuit in which Barry sues Helen for return of the $5,000,which of the following is the most likely result?


A) Barry will win because when an auction is held without reserve, the auctioneer is entitled to repossess any item at will.
B) Barry will lose only because he was not the actual seller. He was only selling at auction for someone else. The seller, however, would win in an action against Helen.
C) Barry would win because Helen made an insufficient offer.
D) Helen will win only if she can show that Barry had knowledge that cash was in the drawer before he sold it.
E) Helen will win because the auction was without reserve, and she properly bid on and bought the cash register with everyone knowing that the cash drawer was stuck.

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