Keyes Co. v. Frazier

Plaintiff, The Keyes Company, appeals from an order which dismissed its second amended complaint with prejudice.

Keyes had sued the various defendants, jointly and severally, on numerous theories of liability set forth in six separate counts in the amended complaint, alleging that they owed it, a real estate commission of $4,200 plus interest and costs.

We reverse the dismissal with prejudice of plaintiff’s claim for alleged damages as to defendants Fraziers. The second amended complaint alleged sufficient ultimate facts to state a cause of action for damages for breach of an express written *277agr…