Milliken v. South Realty Co., Inc.

On October 23, 1991, James M. Milliken filed a complaint against South Realty Company, Inc. (South Realty), alleging that South Realty had failed and refused to pay Milliken his 50% commission on the sale of certain property. In his complaint Milliken asked for a judgment against South Realty in the amount of $28,500 (which was 50% of the commission received by South Realty).

South Realty filed an answer. On March 5, 1992, South Realty filed an amended answer to include set off and recoupment. On that same date, South Realty filed a counterclaim, stating that it had paid advances and expenses…