ELDRIDGE, J., delivered the opinion of the Court. COLE, J., dissents and filed a dissenting opinion at page 140 infra.
The question presented in this case is whether, under a contract between a seller of real property and an auctioneer, which provides that the auctioneer be paid a commission if the property is "sold," the auctioneer is entitled to retain his full commission when the successful bidder at the public auction refuses to consummate the sale.
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