Pell & Tibbits, Inc. v. Bedford

Order reversed on the law and the facts, with ten dollars costs and disbursements, and motion granted, with ten dollars costs. It appears that two different firms of brokers are bringing suit for the same amount against the defendant for commissions and services claimed to have been earned in bringing about the sale of one piece of property to a purchaser clearly identified. The causes of action in the two complaints, read in the light of the affidavits, are substantially identical. The defendant admits liability; is indifferent between the parties; he cannot determine in law and fact which…