Sapunar

N. A. Sapunar appeals from a judgment denying him a commission on the sale of real property by respondents as executors of the will of Bertha C. Toy, deceased. Respondents had returned to the court a private sale to another party. At the hearing, appellant bid $1,203,107, a sum at least 10 percent more than that stated in the return of sale. The court confirmed a sale to appellant and awarded a commission of $25,000 to Coldwell Banker & Company, the broker who had acted for the executors in obtaining the first bid.

Appellant moved to vacate the order and for an evidentiary hearing, contending that a broker’s commission should have been awarded to him. The court in effect granted the motion to vacate: the court conducted an evidentiaiy hearing, made findings, and rendered judgment denying the relief sought by appellant.

In late 1974 or early 1975, appellant and many other real estate brokers received in the mail a flyer from the respondent executors, *394 announcing that there would be a private sale of San Francisco realty belonging to the estate. At the private sale appellant’s bid, in his own name, was highest. It was rejected because it contained unsatisfactory…