Estate of Seng

This appeal is from an order made in a probate proceeding fixing the amount of commissions to be paid to certain real estate agents for the sale of real property belonging to the estate.

The executor of the will of Peter Seng, deceased, employed the appellants Moellering & Goodwin, and also the respondent Haskins, all of whom were real estate agents, to effect the sale. The contract was entered into in conformity with the provisions of section 1559 of the Code of Civil Procedure. The respondent Haskins procured certain purchasers for the property for the sum of seven thousand dollars. The bid of these purchasers was duly returned to the court, but before the hearing on confirmation appellants also procured a purchaser. The bid of this proposed purchaser, was received too late to be returned, but at the hearing in open court he offered an increase of ten per cent over the returned bid, whereupon the sale was confirmed to him for the sum of seven thousand seven hundred dollars. The court thereupon found that five per cent upon the purchase price secured for the property was a reasonable and proper amount to be allowed as a commission, and made the order, here appealed from,…