Bank of Silvis v. Boultinghouse Auction Co.

Mr. PRESIDING JUSTICE STOUDER

delivered the opinion of the court;

This action commenced when plaintiff, Bank of Silvis, filed a complaint against defendant, Boultinghouse Auction Co., to recover a portion of monies defendant retained as a commission on real estate sold thru an auction defendant conducted. The circuit court of Mercer County entered judgment for defendant and plaintiff appealed. It is generally conceded that defendant is entitled to a 3-percent commission, but the question is 3 percent of what?

At different times, plaintiff had loaned Robert W. Bledsoe and Rivoli Park Campgrounds,…