Thomas McDonald & Co. v. Elliott

Counts one and two of the original petition sought to recover commissions as stipulated under an express contract. By amendments the plaintiff sought to add a third count based on quantum meruit, and the contract was annexed as an exhibit to count three. The court properly disallowed the amendments setting up a third count. The contract provided that, should the defendant-owner sell the business during the period of the plaintiff’s exclusive listing, the plaintiff-broker would still be entitled to a commission of 10% of the sales price. Where there is a special contract between the parties, a…