Childs v. Ragonese

Cole, J., dissents and filed a dissenting opinion at page 140 infra.

The question presented in this case is whether, under a contract between a seller of real property and an auctioneer, which provides that the auctioneer be paid a commission if the property is "sold,” the auctioneer is entitled to retain his full commission when the successful bidder at the public auction refuses to consummate the sale.

John C. Childs and several partners trading under the title of Paradise Joint Venture (collectively hereinafter referred to as Childs) owned a parcel of land located in Harford County. They…