HUTCHESON, Circuit Judge.
This is an appeal from a finding and judgment that appellant, an auctioneer, had not earned the commission sued for. In the court below and here the sole question presented for determination was whether the property which was cried off to E. S. Hackney had been, within the meaning of the contract claimed under, sold "to one of your own prospects and not to one with whom the present trustee has been negotiating."
Appellee insists that...
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