Miller v. Stevens

Wiley, J —

This was an action by appellee to recover from appellant a commission for serviced as a broker. The complaint is in two paragraphs. The first is a common count npon the quantum meruit, wherein it is averred that appel*366lee, at the special instance and request of appellant, procured a purchaser for a large general stock of merchandise owned by appellant, and which he desired to sell. In this paragraph it is averred that appellee did procure and furnish such purchaser, and in all things complied with the request of appellant. The second paragraph counts upon an alleged-special…