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FOLEY-CARTER INS. CO. v. COMMONWEALTH LIFE INS. CO.

No. 10044.

128 F.2d 718 (1942)

FOLEY-CARTER INS. CO., Inc., v. COMMONWEALTH LIFE INS. CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied July 15, 1942.

Attorney(s) appearing for the Case

Fred T. Saussy and John I. Viney, both of St. Petersburg, Fla., for appellant.

John D. Harris and Harvey L. McGlothlin, both of St. Petersburg, Fla., for appellee.

Before FOSTER, HUTCHESON, and McCORD, Circuit Judges.

HUTCHESON, Circuit Judge.

The suit, on an implied contract for commissions, based upon the reasonable value of plaintiff's services in the sale of a parcel of real estate, The Taylor Arcade, was in two counts, each count in 13 paragraphs. The second count adopted the first 11 paragraphs of the first count and added to the 12th and the 13th paragraphs, the allegation, that defendant in bad faith and for the purpose of attempting to deprive plaintiff of a commission...

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