Zuhak v. Rose

Defendant’s appeal rests principally on his contention that there is no contract between plaintiff and defendant; hence specific performance of one may not be ordered.

We consider that a contract did arise out of the facts and circumstances of this auction whereby defendant’s offer to sell to the highest bidder without reserve was accepted by plaintiff with his bid of $41,000. The letter by Bohr to Mr. and Mrs. Rose whereby he engaged to find a purchaser at a price satisfactory to the Roses in order to be entitled to a commission is immaterial here, however relevant it might be in an action by…