Wehunt v. Babb

MacIntyre, P. J:

The nature of the action, one ex con tractu, is unquestioned. The major point of difference between counsel for the respective parties is whether the suit is for the breach of an exclusive real-estate brokerage contract, or one for the breach of an exclusive sales-agent contract. Counsel for the plaintiff contend that it is the former, while counsel for the defendant contend it is the latter.

It is, of course, elementary that the character and classification of the action depend upon the intrinsic contents of the petitions, its recital of facts, etc. (Hubbard v. Bibb Brokerage…