Finney v. Long

The three counts on which the trial was had were common counts and on alleged contract. The latter count avers that defendants employed the plaintiff as an agent to sell designated lots and agreed to pay plaintiff the 'customary real estafe commission of 5 per cent, of the first $5,000 sales price and 2% per cent, of the balance; and it is further averred that as such agent the property was sold for the price of $7,000 on October 1, 1923, and that defendants breached the contract in that they failed to pay as agreed upon and recited above. The demurrer being overruled, the reply thereto was…