Clark v. Whittaker Iron Co.

This was an action for money alleged to have been earned by the plaintiffs, as agents for the defendant, as commissions on certain sales of merchandise. There are two counts in the petition. The case was tried in the court, below without a jury, and judgment was rendered for the defendant on the first count, and for the plaintiffs on the second count. The defendant alone appeals ; and therefore the questions which arise depend wholly upon the second count.

The two counts are blended together in a single paragraph, and read as follows : “ Plaintiffs state that they are a. firm doing business in…