Messer-Johnson Realty Co. v. Newman

On account of the adverse ruling of the trial court in sustaining demurrers to counts A and B, plaintiff in this action took a nonsuit, with bill of exceptions, and appeals.

The sufficiency of these counts is the only matter here presented for consideration. The allegations therein contained are consistent with the theory that plaintiff as a real estate agency was engaged by one -Hasty, the owner of certain real estate in the city of Birmingham, to sell said property and be compensated by way of a commission out of the purchase money; that the defendant as a prospective purchaser agreed to…