Allison v. Fuller-Smith & Co.

The contract upon which plaintiff sues, as declared in counts 3 and 4, is one of brokerage only.

A real estate broker, strictly speaking, is but a middleman, whose office it is to, bring the principals together, with the understanding that they are to negotiate with each other, and trade upon such terms as may be mutually satisfactory. Handley et al. v. Schaffer, 177 Ala. 636, 59 So. 286; Stout v. Thornhill, 16 Ala. App. 480, 79 So. 154.

If it should be conceded that counts 3 and 4 are defective for failing to aver “a performance of the contract by plaintiff pursuant to or in accordance with…