Gerth Realty Experts, Inc. v. Ward

HUTCHESON, Circuit Judge.

This is an appeal from a. finding and judgment that appellant, an auctioneer, had not, earned the commission sued for. In the court below and here the sole question presented for determination was whether the property which was cried off to E. S. Hackney had been, within the meaning of Ihe contract claimed under, sold to one of your own prospects and not to one with whom the present trustee has been negotiating’.”

Appellee insists that this is a. fact question, and that, the referee having heard the witnesses and determined it adversely tó appellant, the judgment of…