Middleton v. Findla

By the Court, Currey, J.

From the pleadings and evidence in this case it appears that in September, 1862, the respondents were partners, doing business in the City of San Francisco as auctioneers and brokers, and that the appellant, who was the owner of a storehouse and lot of land in that city, employed them to advertise and sell this property for him. The contract between the parties was, in effect:

First—That the storehouse and lot should not be sold for a less sum than twenty-two thousand five hundred dollars.

Second—That if the property was sold for that sum only, *78the appellant would pay…