Aberle

This is an appeal from a probate court order refusing to confirm a sale of real estate and rejecting an application for commission by real estate brokers.

The administrator of the estate published a notice of pri *828 vate sale of real estate, inviting written bids and declaring: “The highest net bid will• be returned to the court for confirmation at which time such bid or the highest net bid in court will be accepted by the undersigned. Net bid means the bid which, returns the. greatest net cash to said estate. The undersigned [adininistrator] reserves the right to reject all bids, up to the time of actual signing of order confirming sale. ’ ’

'A written bid of $90,000 accompanied by a deposit was Submitted by one Mencarini. The administrator petitioned the court for confirmation of the sale to Mencarini. Notice of confirmation hearing was published. Two pair of bidders appeared at the confirmation hearing, and oral bidding took place. Joint bids were submitted by Farina and Gould and by Ferrero and Kappos. Ben Schaffer, a member of the real estate brokerage firm of Katzakian and Schaffer, was the spokesman for Ferrero and Kappos during the early part of the bidding. At one…