Carruth, Averitt & Carruth v. Neutzler

This suit was instituted by plaintiffs in error, real estate brokers, to recover a commission of $2,160 for brokerage in a land exchange between R. P. Burks and A. J. Neutzler, the suit being against Neutzler alone. The trial court sustained exceptions amounting in law to a general demurrer, and, the plaintiffs refusing to amend, the cause was dismissed. Upon appeal the Court of Civil Appeals affirmed the judgment of the trial court (289 S. W. 439), and by writ of error granted the cause is before us for further consideration.

The pleading under consideration shows that plaintiffs were real…