Ingram Land Co. v. Moore

The suit was an equitable action, on the common counts. Form 10, Code 1907, p. 1195. The general issue was pleaded and special pleas 3 and 4, to which demurrers were sustained.

The substance of plea 3 was that defendant was in the real estate business, and Dean listed with it for sale his house and lot, and defendant procured plaintiff to enter into the written contract (exhibited) of sale and purchase with Dean. It is averred that defendant “accepted as per the terms of contract above set out the $250 as purchase money as-the agent of W. R. Dean, and that the said W. R. Dean complied with the…