Jones v. Norris N. Smith Co.

The plaintiff alleged an express contract with the defendant real-estate broker, providing that they would pool their interests with reference to the sale of certain property which the plaintiff claimed had been listed by the owner with each for sale, and that the commissions should be equally divided between them in case of a sale by either. The plaintiff further alleged that a sale was thereafter made by the defendant, for which the defendant received a given sum from the owner as commissions, and that the plaintiff was entitled to a half of this sum, which the defendant refused to pay. The…