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Austin A. Mitchell, Appellee, v. Walter W. Geister, Appellant.

BROKERS, § 98 — nonobjectionable count in complaint in action for commissions. Count in complaint in real estate broker's action for commissions alleging that plaintiff and a third party, who had assigned his claim to plaintiff, or one of them, had between certain dates procured a purchaser ready, able and willing, who purchased defendant's property was not objectionable as improperly joining "repugnant causes of action" in one count, where only one transaction was involved, since such count merely set forth a permissive voluntary joinder of alternative statements of claim (Ill. Rev. Stat. 1947, ch. 110, pars. 149, 167, subpar. (2), 175, 259.12; Jones Ill. Stats. Ann. 104.025, 104.043, subpar. (2), 104.051,105.12).

See Callaghan's Illinois Digest, same topic and section number.

Opinion by JUSTICE BRISTOW.

Not to be published in full. Opinion filed April 21, 1949; rehearing denied June 8, 1949; released for publication June 8, 1949.

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MITCHELL v. GEISTER
(Apr 21, 1949)