Mercer v. Miller

BUFORD, J.:

The appeal brings for review judgment in favor of the defendant in a suit for commission alleged to be due to plaintiff by the defendant under a contract of employment by the defendant of the plaintiff to find a purchaser for certain described property who was ready, able and willing to purchase the property on terms agreeable to the defendant.

The original declaration was in five (5) counts. Later counts 3 and 4 were amended. Pleas were filed: 1st, that defendant was never indebted as alleged; 2, that he never promised as alleged; 3rd, that the purchaser withdrew his offer for the…