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MESSICK v. POWELL

236 S.W.2d 897 (1951)

MESSICK v. POWELL et al.

Court of Appeals of Kentucky.

Rehearing Denied March 16, 1951.

Attorney(s) appearing for the Case

J. Owen Reynolds, Robert H. Hays, Lexington, for appellant.

Rouse & Hammond, Versailles, and Harbison, Kessinger, Lisle & Bush, and W.B. Martin, all of Lexington, for appellee.

STANLEY, Commissioner.

The suit was initiated by the former owners of a farm in Woodford County, Sam H. Powell and Kitty Reed Powell, seeking a declaratory judgment as to which of two real estate agents they are liable to for commission upon its sale. The two defendants, D. R. Messick and A. C. Chinn, respectively, responded with an answer and counter-claim against the plaintiffs and a cross petition against each other. Chinn merely prayed that the court declare and...

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