Odom's Transfer & Storage Co. v. Rochford
Odom's Transfer & Storage Co. v. Rochford
Opinion of the Court
This is an appeal from an order of the District Court of the 41st Judicial District, confirming Receiver’s sale of Special Motor Carriers’ Certificate No. 9405.
The suit was originally filed by Joe Rochford for a one-half interest in a Specialized Motor Carriers’ Certificate issued by the Railroad Commission of Texas, being Certificate No. 9405, against Harry S. Hoy and Earl H. Snyder. Harry S. Hoy filed a disclaimer to any ownership of the certificate, and the court entered judgment decreeing that the plaintiff, Joe Rochford,
Appellants raise the points that the bid of Odom’s Transfer & Storage Company for $7,008 submitted on February 24th should have been accepted, it being the highest written bid received on that day, and in the alternative that the $9,000 written bid submitted after the sale was closed on the 24th and prior to the confirmation of the court, should have been accepted. The point is also raised that since the court ordered the bids reopened and a sale to be had on March 7th that said sale should have been held. We think there is no merit in any of appellants’ contentions. The Receiver had in effect called off the sale by written bids by calling and advertising a sale by oral bids on February 24, 1955. There is no contention that there was any fraud involved. Neither was there any evidence that the price of $8,500 at which the certificate was struck off to appellee Joe Rochford, was an inadequate price. The trial court could not refuse to confirm a sale made by the Receiver which was an adequate price, where no fraud was involved. To permit an unsuccessful bidder at a public auction to submit a subsequent and higher bid after the sale had been closed and prior to the confirmation of the sale would tend to destroy and defeat the purpose sought to be accomplished by holding such sales, thereby to realize the greatest amount from such sales to those entitled to receive the proceeds thereof. Morrow v. De Vitt, Tex.Civ.App., 160 S.W.2d 977; Smith v. Save-Rite Drug Stores, 10 Cir., 178 F.2d 507; Mergenthaler Linotype Co. v. McClure, Tex.Com.App., 16 S.W.2d 280; Smith v. Wayman, Tex.Civ.App., 224 S.W.2d 211; J. J. Sugarman Co. v. Davis, 10 Cir., 203 F.2d 931. It is said in A.L.R. (Vol. 152) p. 534:
“The majority of American jurisdictions, as noted in the original annotation, subscribe to the doctrine that a court will not refuse to confirm a sale which has been regularly held and is free from fraud, merely because a higher bid is made than that at which the property was struck off.”
Case-law data current through December 31, 2025. Source: CourtListener bulk data.