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BEATTIE-FIRTH, INC. v. COLEBANK

No. 10962.

105 S.E.2d 5 (1958)

BEATTIE-FIRTH, Inc., v. Harry G. COLEBANK et al.

Supreme Court of Appeals of West Virginia.

Decided September 30, 1958.

Attorney(s) appearing for the Case

Spilman, Thomas, Battle & Klostermeyer, Frederick H. Klostermeyer, Frederick L. Thomas, Charleston, for plaintiff in error.

Mahan, White, Higgins & Graney, Stanley Higgins, Jr., Fayetteville, for defendants in error.

DONLEY, Judge.

This is an action of assumpsit brought by Beattie-Firth, Inc., against Harry G. Colebank and Ruth F. Colebank, to recover damages for the alleged breach of a contract. The defendants refused to pay to the plaintiff a commission upon the sale of real estate owned by the defendants, the contract for the sale of which was procured through the plaintiff as broker. The circuit court sustained the defendants' demurrer to the plaintiff's declaration, and,...

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