Cole v. Thornburg

Appellees brought suit against appellants to recover a commission alleged to have been earned as real estate brokers in an exchange o£ property, as the agents of the appellants. The complaint was not filed until after the expiration of the ten days allowed by law. Motion was made by counsel for the defendants to dismiss for that reason. The motion was sustained. Afterwards, plaintiffs’ counsel filed a motion to have the suit reinstated, which was sustained. Trial was had to the court without a jury, resulting in a judgment for plaintiffs for $200.

It is contended that the court erred in…