Elliott v. Gamble

Bullock, Circuit Judge.

— This is an action to recover commissions for selling real estate. The declaration is in two counts. The second count having beén abandoned, the trial was had on the first, which alleged that the plaintiff in error was employed to sell, and that he produced a purchaser, ready, willing and able to purchase, but defendant refused to convey. The demurrer to this count was overruled.

The distinction between a contract to sell and one to procure a purchaser is discussed in Wiggin v. Wilson, 55 Fla. 346, 45 South. Rep. 1011. This count fails to allege *799that the proposed…