Walker

This is an appeal from a judgment given against the defendant upon a statutory bond executed by it conditioned upon the faithful performance of the duties of C. H. Bossong as an auctioneer in the city and county of San Francisco. The bond is required of an auctioneer by the provisions of Political Code, chapter XIII, part 3, title 7, section 3285. Section 3324 of the same chapter provides: “Any one aggrieved or damaged by any act of an auctioneer in violation of or contrary to the provisions of this chapter, has an action against him and his bondsmen on his official bond therefor. ’ ’ Other sections of chapter XIII make it the duty of such an auctioneer to keep books, in which he must enter a record of all sales (Pol. Code, sec. 3306), to make quarterly reports to the county auditor of certain details of his business and sales (Pol. Code, sec. 3310), to give previous notice in public newspapers of every auction sale (Pol. Code, see. 3307), and to hold all public auctions in the daytime (Pol. Code, sec. 3308).

Appellant’s point on appeal is that the evidence at the trial was insufficient to show a violation by the auctioneer, Bossong, of any of the duties imposed upon him by the…