Armstrong v. Smith

Plaintiff Armstrong sued the defendant Smith for commission on a sale of real estate. The Codner Realty Company intervened, claiming that the sale had been made by Nelson, a member of the firm. The defendant answered, stating that he was willing to pay the commission, and tendered into court the amount of the commission. Plaintiff denied the allegations of the petition of intervention or the right of the intervenor to any part of the commission, and in a second division of his answer alleged an agreement on the part of the intervenor to pay a commission to plaintiff, and asked, if the…