Beattie-Firth, Inc. v. Colebank

Donley, Judge:

This is an action of assumpsit brought by Beattie-Firth, Inc., against Harry G. Colebank and Ruth F. Colebank, to recover damages for the alleged breach of a contract. The defendants refused to pay to the plaintiff a commission upon the sale of real estate owned by the defendants, the contract for the sale of which was procured through the plaintiff as broker. The circuit court sustained the defendants’ demurrer to the plaintiff’s declaration, and, the plaintiff declining to amend it, entered an order dismissing the action.

The allegations of the declaration are to the effect…