Lewis v. McDonald

Epperson, C.

Plaintiff, a real estate broker of. Lexington, sued to recover a commission due upon a sale of defendant’s real estate which plaintiff alleges was brought about through his agency. Defendant brought the sum sued for into court, and upon his motion one J. L. Mitchell, another broker of Lexington, was required to interplead, claiming that the sale was effected by him as defendant’s agent' and that the commission was due to him. The inter-pleader prevailed, and plaintiff appealed.

Prior to February 28,1907, the defendant had listed the land in controversy with the plaintiff for sale.…