Smith v. Southeastern Real Estate Corporation

SIMPSON, Justice.

This is an appeal from a decree granting a rehearing in a suit in equity, together with an alternative motion for mandamus.

Appellant (complainant) Frank Smith filed a bill of complaint in equity against Southeastern Real Estate Corporation and other parties, to enforce a mechanic’s and materialman’s lien. Appellees (respondents) filed answer denying any indebtedness due appellant. On the hearing on testimony given before the court, evidence was introduced and admitted (though there were no pleadings to support it), of an agreement on the part of appellee to pay a bonus for…