Childs v. Ragonese

The appellants, John C. Childs, Sr. and Paradise Joint Venture (Childs) sued the appellee, A. J. Billig & Company, Auctioneers (Billig) for the recovery of a commission which *429Billig deducted from a deposit paid to Billig by a third party purchaser at a public auction. The trial court ruled in favor of Billig. On appeal Childs asks, inter alia, whether an auctioneer is entitled to a commission when the listing contract states that the commission is earned if the auctioned property is "sold”, a sales contract is signed by a bidder, but the successful bidder defaults on the sales contract.”

For…