Millfield Realty Co. v. Catena

Cardozo, Ch. J.

The plaintiff, the successful bidder at an auction sale, brought this action against Joseph P. Day, Inc., the auctioneer, and Eugene Catena and wife, the owners, to recover the down payment and expenses.

The trial judge dismissed the complaint, and incorporated in his judgment a direction that the auctioneer be permitted to retain its commissions ($881.25) and expenses ($134), and that it turn over to the sellers $2,534.75, the amount of the deposit after making; these deductions.

The plaintiff appealed from that judgment to the Appellate Division. The auctioneer did not appeal,…