Roberts v. Kimmons
Mississippi Supreme Court
Appeal from the Circuit Court of La Fayette County. Hon. W. S. Featherston, Judge. Charles Roberts employed J. H. Kimmons to sell a certain tract of land in Coahoma .County, upon an agreement, as the latter says, that Roberts should pay him a commission of “ 2],-per cent, on amount of price of land; ” but Roberts says he agreed to pay Kimmons “ 2J per cent, commission on the amount the place sold for.”
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Appeal from the Circuit Court of La Fayette County. Hon. W. S. Featherston, Judge. Charles Roberts employed J. H. Kimmons to sell a certain tract of land in Coahoma .County, upon an agreement, as the latter says, that Roberts should pay him a commission of “ 2],-per cent, on amount of price of land; ” but Roberts says he agreed to pay Kimmons “ 2J per cent, commission on the amount the place sold for.” Roberts gave Kimmons a letter of introduction to one Eldridge, suggesting at the time that he would probably be able to sell to Eldridge. Kimmons went to see Eldridge, and induced him to enter…
1Opinion of the CourtArnobd, J.
The right result was reached in this case, and there is no error in the record for which the judgment should be reversed.
The sale negotiated by appellee failed not because of the inability of the purchaser to comply with its terms, but on account of a defect in the title to the land. We are not fully informed by the record of the extent of the alleged defect in the title, but enough appears to show that'the objection made to it by the purchaser was not fanciful or captious.
The condition in the written contract in regard to the title being made clear and satisfactory to the purchaser, before…
2Cases cited6 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Kock v. EmmerlingSupreme Court of the United States · 1860
- Knapp v. . WallaceNew York Court of Appeals · 1869
- Middleton v. FindlaCalifornia Supreme Court · 1864
- Hamlin v. SchulteSupreme Court of Minnesota · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Best v. KelleyWashington Supreme Court · 1945
- McLaughlin v. WheelerSouth Dakota Supreme Court · 1891
- Dean v. WilliamsWashington Supreme Court · 1910
- Harris v. Van VrankenNorth Dakota Supreme Court · 1915
- Bell v. StedmanNebraska Supreme Court · 1911
6 more not listed; retrieve them via the Exa API.