Osborn v. DeGraaf Building Corp.

The respondent was appointed referee to sell by the judgment of foreclosure, wh ch directed that the referee should pay $100 to himself for his fees. The sale took place shortly thereafter and the property was sold to the plaintiff, the mortgagee, who was the only bidder, for the sum of $250 000. The property having been bid in by the plaintiff, her attorney and the referee signed a waiver of the deposit of ten per cent of the purchase price, and accordingly no moneys came into the hands of the referee for the custody of which he would otherwise have been responsible. No papers of any kind…