Kuehnert v. Ong

COLEMAN, Justice.

This is an appeal from a summary judgment. Appellant, a licensed auctioneer, sued appellee to recover the amount of a bid made for certain real estate at an auction conducted by appellant. Appellee bid $20,100.00 for the real estate and was announced as the purchaser. By the terms of the rules and regulations governing the auction, he was then required to post 20% of that sum, $4,045.00, as a deposit, which he failed to do. This suit resulted.

In the sworn petition on which appellant went to trial, he alleged these facts, and further alleged:

Plaintiff says that he is a duly…