Moore v. Williamson

Appellee sued appellants, upon an agreement in writing which contained an unconditional promise to pay on ¿ given date the sum of $900 for commissions on the sale of certain real estate. The de fendants pleaded in short by consent the general issue, “with leave to give in evidence any matter or thing which would be good if specially pleaded.” Such a plea was an authorization to the defendants to avail themselves of any special defense to the cause of action to the same extent as if specially pleaded. Allen v. Standard Ins. Co., 198 Ala. 522, 73 South. 897.

The defendants insisted, and offered…