Calara Valley Realty Co. v. Smith

This is an appeal, by the alternative method, by the defendant, Smith, from the judgment entered in the above-entitled action.

The action is for the recovery of the sum of $729.30, a balance due the plaintiff from the defendants upon an open book account for goods, wares, and merchandise sold and delivered by the former to the latter.

The defendant, Smith, answering for himself, without expressly denying the allegations of the complaint, set up a counterclaim, and in this behalf alleged that the plaintiff “was, and now is, indebted to this defendant and to one George 0. Rich, upon an open book account, for commissions due and unpaid by said plaintiff to said Smith and Rich, and for and on account of services rendered by them to said plaintiff, in the sum of eighteen hundred dollars; that no part of said sum has been paid,” etc.

As and for “a further and separate answer and defense” to plaintiff’s cause of action, the defendant, Smith, pleads another counterclaim in detail, setting out in substance the contract whereby he and Rich were employed to sell the real-property of the plaintiff, for which they were to receive from the plaintiff, as compensation, commissions upon the…