WHITE v. WHITE (1936)

On petition for hearing in this court after decision by the District Court of Appeal, attention is called to an apparent inaccuracy in the statement of the District Court of Appeals to the effect that the lien which the appellant sought to impress upon the proceeds of the sale of the property was for his commission as auctioneer, whereas the claim sought to be impressed as a lien arose by reason of a loan from the respondent Jack White to the appellant, and an agreement by said respondent that the loan might be repaid from the proceeds of a sale then in contemplation. We deem it unnecessary to grant a hearing to correct this error, because the result undoubtedly would have been the same if the inaccuracy in the statement of the facts had not been made. The right of the appellant to the claimed lien was, on the facts shown by the record, properly denied by the trial court.

The petition for a hearing is denied.

PER CURIAM.