Kittrell v. Barbee

*156BOYCE, Justice.

This suit was brought by appellee J. H. Barbee, as plaintiff, against appellant G. B. Kittrell, as defendant, to recover a $1,000 commission for appellee’s services as a real estate broker. At a pretrial hearing, on ap-pellee’s motion, special exceptions to appel-lee’s petition were stricken from the appellant’s first amended original answer. At a trial on the merits before another judge without a jury, judgment was rendered in appellee’s favor for the commission.

The appellant’s first point of error attacks the action of the pretrial judge in striking the special exceptions…