Henderson v. Vincent
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Tried before the Hon. W. E. Clark. cited Bishop on Con. §§ 327, 1431; 1 Wait Act. & Def. 76; Chitty on Con. (11th Éd.) 1062, 1079, 1087; 56 Amer. Dec. 557; 51N. Y. 124; 41 N.'Y. 212; 3 Keyes, 203; 38 N. Y. 212; 55 N. Y. 319. cited 53 Wis. B. 41; 112 Penn. St. 479; 73 Ala. 372.
1Opinion of the CourtClopton, J.
The appellants, who are real estate brokers, bring the suit to recover commissions claimed to be due on a .contract of employment to sell a house ’ and lot in the city of Mobile, of which the defendant was .the owner. By the express terms of employment, the right to commissions is made dependent on selling the property at a fixed price — twenty-five hundred dollars. The plaintiffs, having accepted an employment by which their right to commissions was conditioned on effecting a sale at a designated price, are not entitled to recover' the agreed commissions, except on showing that the…
2Cases cited3 opinions
- Sussdorff v. . SchmidtNew York Court of Appeals · 1873
- Chambers v. SeaySupreme Court of Alabama · 1882
- McArthur v. SlausonWisconsin Supreme Court · 1881
3Cited by32 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- Wiggins v. WilsonSupreme Court of Florida · 1908
- Sayre v. Wilson & IngramSupreme Court of Alabama · 1888
- Birmingham Land & Loan Co. v. ThompsonSupreme Court of Alabama · 1888
- Marx v. LiningSupreme Court of Alabama · 1935
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