Browne & Bryan Lumber Co. v. Toney

The appellant, Browne & Bryan Lumber Company, a corporation, brought an action at law to recover from the appellee, J. E. Toney, $400' brokerage commissions for effecting a sale of twenty thousand crossties by Toney to the New York, New Haven & Hartford Railroad Company at Boston, Massachusetts.

To the declaration, the appellee Toney filed a plea of the general issue, and a long special plea, the effect of which was that it became impossible for Toney to comply with his contract to ship the ties by water transportation; and that, under this condition, no commissions ever became due the…