Cohen v. Smith

Hatcher, Judge:

Louis Cohen, desiring to purchase some trust property to be sold at public auction, employed Reuben Fine and Mrs. Lucile Noll to bid for him at the sale. The property was knocked down by the auctioneer to Isaac Smith. Fine at once demanded the benefit of Smith’s purchase (for his client, Cohen) upon the claim that Smith had bid for him. Smith denied Fine’s demand and this suit was brought immediately by Cohen to enforce the demand. The circuit court found in favor of Cohen, and Smith appealed.

The sole issue presented by the pleadings and the briefs is the agency of Smith. The…