Simmons v. Peavy-Welsh Lumber Co.

HOLMES, Circuit Judge.

This is an action for broker’s commissions alleged to have been earned in connection with the sale of timbered lands. The law of Georgia is clearly applicable to the controverted issues. This is undisputed, the only question presented being whether or not there was a contract, express or implied, for the payment of commissions.

The court below sustained a motion to dismiss, which raises an issue of law as to the sufficiency of the well-pleaded allegations of the complaint. The original petition was filed before the new federal rules of civil procedure became effective,…