Summerville v. Klein

Mr. Presiding Justice Higbee

delivered the opinion of the court.

This was a suit in assumpsit by appellants to recover $250 claimed to be due them as commission, under a contract with appellee, giving them the sale of his farm.

The declaration contained a special count upon the contract and the common counts. Appellee filed a plea of the general issue and two special pleas, one alleging that at the time of making the agreement for the sale of the premises in question, it was expressly stipulated that appellants would not sell them to Louis Klein, appellee’s brother, and that the sale for which…