Childs v. Ragonese

I agree with the majority that § 14-105 of the Real Property Article does not apply to auctioneers. I disagree, however, that, under the circumstances of this case, an auctioneer is an agent who is not entitled to a commission when the purchaser fails to carry out the contract of sale. I, therefore, respectfully dissent.

An auctioneer is an agent who is authorized to sell goods or real estate at a public sale. City of Chicago v. Ornstein, *141323 Ill. 258, 154 N.E. 100 (1926). When an auctioneer’s authority is based upon an express contract the terms of the contract govern. Wilcher v. Mcquire,…