Bingham v. Davidson
Supreme Court of Alabama
Appeal‘from tlie City Court of Montgomery. Tried before the Hon. A. 1). Bathe. This was an action commenced by the appellee against the appellant to recover commissions alleged to be due him as a broker. The¡ facts are sufficiently stated in the opinion. A broker is not entitled to commissions for unsuccessful efforts. The risk of failure, both as to his labors and his expenditures are wholly his, and reward only conies with success. — 8'ibbcdcl v. Bethlehem Iron Co., 88 Am.
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Appeal‘from tlie City Court of Montgomery. Tried before the Hon. A. 1). Bathe. This was an action commenced by the appellee against the appellant to recover commissions alleged to be due him as a broker. The¡ facts are sufficiently stated in the opinion. A broker is not entitled to commissions for unsuccessful efforts. The risk of failure, both as to his labors and his expenditures are wholly his, and reward only conies with success. — 8'ibbcdcl v. Bethlehem Iron Co., 88 Am. Eep. 44; Waller r. Tmnell, 101 Mass. 257; Bir. Land Go. v. Thompson, 86 Ala. 146. On the evidence tire court should…
1Opinion of the CourtDenbon, J.
The complaint is composed of two counts, the first is a special count for breach of a contract and is clearly in assumpsit. The second, is the common count for work and labor done. There was a demurrer for misjoinder of counts, the court overruled the demurrer. In this ruling there was no error. — York Mfg. Co. v. Bessemer Mfg. & Storage Co., 111 Ala. 332.
There were demurrers interposed to the counts separately, these demurrers were overruled by the court. *554The assignment of error with reference to this ruling is single; therefore, each count of the complaint must be defective or the error as…
2Cases cited8 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Coleman's Ex'r v. MeadeCourt of Appeals of Kentucky · 1877
- Birmingham Land & Loan Co. v. ThompsonSupreme Court of Alabama · 1888
- Cook v. ForstSupreme Court of Alabama · 1896
- Jones & Co. v. TuckerSupreme Court of Alabama · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Alexander v. SmithSupreme Court of Alabama · 1912
- Montgomery-Moore Mfg. Co. v. LeethAlabama Court of Appeals · 1911
- Great Atlantic & Pacific Tea Co. v. MeeksAlabama Court of Appeals · 1949
- Shepherd v. JonesSupreme Court of Alabama · 1934
- Mobile Light & Railway Co. v. DavisAlabama Court of Appeals · 1911
6 more not listed; retrieve them via the Exa API.