Deutsch v. Fabacher

We were persuaded that the reasoning employed by us in obtaining the conclusion reached in our original opinion,37 So.2d 726, may have been fallacious and, therefore, we granted a rehearing.

Plaintiff maintains that the issues which we must determine on rehearing are as follows:

1. "Whether any of the articles have been sold at auction by Fabacher?

2. "Whether there was any agreement between plaintiff and Fabacher as to a minimum price for which any of the articles should be sold at auction?

3. "Whether the court should not decree that all of the articles which have not been sold must be returned…