Marlick Construction Co. v. T. Lynn Davis Realty & Auction Co.

Smith, Judge.

Marlick Construction Co., Inc. brought an action against T. Lynn Davis Realty & Auction Co., Inc. et al. demanding an accounting of the net proceeds of an auction sale conducted by the defendant Auction Co. The defendant Auction Co. moved for summary judgment, and the trial court granted the motion. The plaintiff appeals the grant of summary judgment in favor of the defendant Auction Co.

Marlick Construction Co., Inc. obtained a judgment against Winston Homes, Inc. on March 10,1975. By letter of May 9, 1974, Winston Homes, Inc. engaged T. Lynn Davis Realty & Auction Co., Inc. to…