Legal Opinion

Birmingham Matinee Club v. McCarty

Supreme Court of Alabama

Decided July 2, 1907PublishedCited by 12 opinions

Action for Breach of Contract. Appeal from Birmingham City Court. ' Heard before Hon. C. W. Ferguson. Action for breach of contract by the Birmingham Matinee Club against M. F. McCarty. From a judgment for defendant, plaintiff appeals.

Read the full summary

Action for Breach of Contract. Appeal from Birmingham City Court. ' Heard before Hon. C. W. Ferguson. Action for breach of contract by the Birmingham Matinee Club against M. F. McCarty. From a judgment for defendant, plaintiff appeals. Action by the Birmingham Matinee Club against M. F. McCarty to recover $5,000 as damages for the breach of an agreement entered into by him on Dec. 8, 1904, in substance as follows: Plaintiff sold to defendant for $16,000 cash property known as “Trotwood Park,” located near East Lake, Ala., containing 100 acres, said sale being subject to an abstract and…

1Opinion of the CourtMcCLELLAN, J.

On this appeal, in our view, the vital and decisive question is May an undisclosed principal enforce, in breach of performance, a contract made by an agent fully authorized thereunto, in his own name, for the sale to and purchase by another of lands of the principal wherein it is stipulated that the ostensible seller (the agent in reality) will grant by warranty deed an unincumbered title? As a general rule, the principal, though undisclosed, is invested by the authorized act of the agent, for the benefit and advantage of the principal, with every right and burdened with every liability…

2Cases cited3 opinions

  1. Boston Ice Co. v. PotterMassachusetts Supreme Judicial Court · 1877
  2. Winchester v. HowardMassachusetts Supreme Judicial Court · 1867
  3. Flinn v. BarberSupreme Court of Alabama · 1879

3Cited by12 opinions

  1. Overton v. HarrisonSupreme Court of Alabama · 1922
  2. Shields v. CoyneSupreme Court of Iowa · 1910
  3. Armstrong v. PalmerCourt of Appeals of Texas · 1920
  4. Upchurch v. GoodroeSupreme Court of Alabama · 1942
  5. Davidson v. HurtySupreme Court of Minnesota · 1911

7 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API