Chew v. Glenn

Roberts, J., delivered the opinion of the Court. This appeal is taken from an order of the Circuit Court of Prince George’s County in Equity, dismissing the bill of complaint of the appelllant. The facts are, that on January 28th, 1895, the appellant filed in the Court below his bill of complaint against the appellees, in which he alleges that about fifteen years ago he negotiated loans on mortgages of real estate situate in said county, and entered into an agreement with John Glenn, and Edmund G. Kelly, co-partners, trading in the city of Baltimore as John Glenn & Co. and doing business as real estate agents. This agreement was in substance that if the appellant would examine the title to such property, as he might offer to said Glenn & Co. and furnish certificates of title to the same, said firm would supply the funds requisite to the consummation of said loans, and if upon examination by the said firm or one of them, it was found satisfactory, then one-half of the commission, to-wit, two per centum of the amount of the said loans and twenty-five dollars for the certificate of title were to be paid to the appellant; and it was further agreed that in the event of foreclosure proceedings in any ■ case, where money was thus loaned, the appellant would as counsel represent said firm at Upper Marlboro, the county seat of said county, in such proceedings, and the commissioners for making sale of the mortgaged property should be divided equally between said Glenn & Co. and the appellant.

That in pursuance of said agreement, the appellant from time to time offered said Glenn & Co. various properties, and they accepted the same and invested therein large sums of money and divided with him the commissions for such loans and paid him for the certificates, of abstracts of titles for the same. That said loans were, in certain instances named, permitted to remain invested for long periods, and in consequence of the depre ³⁷⁴ ciation, which affected all real estate values in said county, it became necessary to foreclose certain mortgage loans which the appellant had negotiated for Glenn & Co. which were sold, and the commissions for making such sales were received by said Glenn, who has failed and refused to account to the appellant for his share of such commissions, notwithstanding he has performed his part of said contract. The bill then proceeds to enumerate in detail the alleged instances in which the appellee, John Glenn, has failed to observe his agreement with the appellant in much the same manner as hereinbefore stated. It will not therefore be necessary for the purposes of this appeal to set out in this opinion any further statement of the facts contained in this bill, except in so far as John Glenn, Jr., is connected therewith.

It appears that in 1892, about twenty acres of the Gwyn property were sold for taxes, and at the instance of John Glenn, Jr., trustee, the appellant filed exceptions to the ratification of the sale. It is alleged that the Gwyn property had become vested in John Glenn, Jr., as trustee, through and by means of certain equity proceedings, and that this property was a part of the lands involved in the controversy arising out of said agreement, and from which the appellant was entitled to derive certain profits, and that said Glenn, Jr.’s relation to the property was only subsidiary to that of Glenn, Sr. The appellee, John Glenn, interposed a demurrer to the bill in the record of this appeal, and assigned as grounds therefor: 1. That the plaintiff has not-stated in his bill such a case as entitles him to any relief in equity against this defendant. '2. That said bill is multifarious. 3.

That said bill is in places unintelligible, and that it is not divided into paragraphs throughout, and does not