Dealey

This is an appeal by defendant from a judgment in favor of plaintiff.

Plaintiff sued upon a written contract for commissions alleged to be due him from defendant upon the amount of the selling price of lands belonging to defendant and sold at public auction, plaintiff acting for defendant as the auctioneer at such sales.

The written contract provided that the sum of thirty dollars on each sale was to be allowed the auctioneer, the plaintiff herein, to be used by him “as for assistance.”

The plaintiff testified that the purpose of the assistance was to “swell the crowd and speak well of the property”; that they occasionally “bid at the sale”; that these assistants, variously called by respondent “puffers” and “by-bidders,” were “employed through him by the defendant”; that “plaintiff hired them”; “that quite a number of them were at each of the sales.”

The testimony of other witnesses was to the effect that with the knowledge and consent of and through a prior arrangement between the parties, these so-called “assistants” were present at each sale for the purpose of boosting the bids, it being understood between the parties that in the event of the property being knocked down to…