Alliance Milling Co. v. Eaton, Guinan & Co.

STAYTON, Chief Justice.

The firm of Eaton, Guinan & Co., merchants, executed a deed of trust on their property to John F. Marshall, which gave him power, in the usual course of trade, to sell so much of the property as was necessary, for cash, to raise money to pay the indebtedness of Eaton, Guinan & Co. to four other firms named in the trust deed, and to pay to himself 2-¿- per cent commission on amount realized by sales, besides other expenses of executing the trust, as well as the rent of the store house in which the business was conducted; after which the residue of the property was to be…