Legal Opinion

Estate of Toy

California Court of Appeal

Decided August 3, 1977No. 39120PublishedCited by 5 opinions

1Opinion of the Court

OPINION

N.A. Sapunar appeals from a judgment denying him a commission on the sale of real property by respondents as executors of the will of Bertha C. Toy, deceased. Respondents had returned to the court a private sale to another party. At the hearing, appellant bid $1,203,107, a sum at least 10 percent more than that stated in the return of sale. The court confirmed a sale to appellant and awarded a commission of $25,000 to Coldwell Banker Company, the broker who had acted for the executors in obtaining the first bid.

Appellant moved to vacate the order and for an evidentiary hearing,…

2Cases cited5 opinions

  1. Stewart v. MatherWisconsin Supreme Court · 1873
  2. Batson v. StrehlowCalifornia Supreme Court · 1968
  3. Christianson v. Mille Lacs Land & Loan Co.Supreme Court of Minnesota · 1910
  4. Estate of BaldwinCalifornia Court of Appeal · 1973
  5. Donnellan v. RocksCalifornia Court of Appeal · 1972

3Cited by5 opinions

  1. Simonini v. PassalacquaCalifornia Court of Appeal · 1986
  2. Estate of BrownCalifornia Court of Appeal · 1987
  3. Estate of CattaliniCalifornia Court of Appeal · 1979
  4. Coulsby v. BarwickCalifornia Court of Appeal · 1987
  5. N. A. Sapunar Realty v. Cushman & WakefieldCalifornia Court of Appeal · 1979

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