28 Md. 635 | Md. | 1868
delivered the opinion of this Court.
Hamilton, Conine, Purviance and Presstman were tenants in common of certain improved real estate in Baltimore city; each owning an undivided fourth part. This action of assumpsit was instituted by Hamilton, who was an auctioneer and real estate broker, against Conine and Purviance, two of his co-tenants, to recover expenses paid by him for advertising the property for sale, for his services as auctioneer, and for commissions on the amount of a private sale negotiated by him. The declaration contains the common counts, including those for work done by the plaintiff for the defendants at their request, for money paid by the plaintiff for the defendants at their request, and for money found due from the defendants to the plaintiff on accounts stated between them; the plea was not indebted as alleged. The proof upon which the plaintiff seeks to recover the costs of advertising and for his services as auctioneer is, that he advertised the property and put it up at auction at the request of the
On the part of the appellant the case of Coles vs. Coles, 15 Johns., 159, has been relied on. There two tenants in com
Judgment affirmed,.