Butler Cotton Oil Co. v. Millican

Appellee’s suit was for commissions for arranging, advertising, and conducting an auction sale of real estate for appellant.

Section 8035 of the Code provides that:

“When lands, tenements, or hereditaments are sold or. leased at public auction, and the auctioneer, his clerk or agent, makes a memorandum of the property, and price thereof at which it is sold or leased, the terms of sale, the name of the purchaser, or lessee, and the name of the person on whose account the sale or lease is made, such memorandum is a note of the contract, within the meaning1 of the preceding section” — the statute…