Curtis v. J. L. Todd Auction Co.

Birdsong, Judge.

Appellants, owners of real estate in Coffee County, contracted with J. L. Todd Auction Company (“Todd”) to conduct an auction sale of this property. Appellants agreed to pay Todd “as commission and for services 12 % or $12,821.33; whichever is greater of the highest bid obtained in cash on day of sale — ” Todd agreed “to advertise this property in its usual way of advertising... to pay all expenses of same, and to conduct the sale in a professional manner...” within 45 days from the contract date. The auction was advertised, timely held and well attended. A commercial building…