Sutherland v. Guthrie

Lynch, Judge:

In assumpsit to recover commissions averred in the declaration to be due plaintiffs on an alleged real estate broker’s contract to sell land, described as an option to sell, the defendant demurred to the declaration and to each of its two counts and tendered and was permitted to file what he terms a plea in abatement of the action, to which plaintiffs demurred and moved to strike it from the record; and the court, having ruled adversely to the defendant upon each demurrer and upon the motion, certified to this court, presumably under the authority of § 1, Ch. 135, Code, as…