Huselton v. Commerce Trust Co.

ON MOTION FOR REHEARING.

In motion for rehearing counsel say that this is a personal action between plaintiff and the Commerce Trust Company and governed by the rules applicable to an ordinary action of a broker to recover a commission for sale of real estate. This insistence ignores the fact that the Commerce Trust Company did not take part in the trial; that Jones Company, through attorneys employed by it, took entire charge and control of the defense; that before the sale was made Mr. Shutz and Mr. Ulffers "assured" the Commerce Trust Company that "it would be called upon to pay but one…