Lynd v. Caylor

This is an action brought to recover $240,/claimed to be due on a contract which was annexed to the petition as an exhibit. Upon looking into the contract, so far from being “an instrument for the unconditional payment of money only,” as required by Section 122 of the Code, under which the petition was filed, the plaintiffs are no parties to the contract. There is in it a provision, that commissions, due upon some real estate negotiation, shall be paid by the defendant to the plaintiffs ; but there is no averment to connect the plaintiffs’ claim with those commissions, or to show how the…