Long-Lewis Hardware Co. v. Ewing
Alabama Court of Appeals
Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by W. M. Ewing against tbe Long-Lewis Hardware Company. Judgment, for plaintiff and defendant appeals. A party cannot be agent for both buyer and seller at one and the same time unless both parties are aware of it at the time.' — Green v. So.
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Appeal from Bessemer City Court. Heard before Hon. J. C. B. Gwin. Action by W. M. Ewing against tbe Long-Lewis Hardware Company. Judgment, for plaintiff and defendant appeals. A party cannot be agent for both buyer and seller at one and the same time unless both parties are aware of it at the time.' — Green v. So. States L. Go., 141 Ala. 680; 129 U. S. 643. Such being the defense, great latitude should have been allowed in the cross-examination of the witnesses showing that fraud entered into the contract, and connecting the plaintiff with the contractor as well as with the defendant in the…
1Opinion of the CourtPelham, J.
— The appellee, as plaintiff below, sued the appellant to recover a certain sum alleged to he due him as a commission or brokerage for selling a lot of roofing to one B. F. Thompson, to be used by him as a contractor in constructing a number of houses for the Tennessee Coal, Iron & Railroad Company. The defendant pleaded the general issue and by special pleas set up, among other defenses: (1) That it was only to pay the commission in the event of its receiving payment in full for the roofing, and that full payment had not been made: (2) that the plaintiff was the agent of and was representing…
2Cases cited8 opinions
- Snodgrass v. Branch Bank at DecaturSupreme Court of Alabama · 1854
- Creola Lumber Co. v. MillsSupreme Court of Alabama · 1906
- Southern Loan & Trust Co. v. GissendanerAlabama Court of Appeals · 1912
- Southern Cotton Oil Co. v. WalkerSupreme Court of Alabama · 1909
- Republic I. & S. Co. v. PassafumeSupreme Court of Alabama · 1913
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3Cited by3 opinions
- Bertolla v. KaiserSupreme Court of Alabama · 1958
- Long-Lewis Hardware Co. v. EwingAlabama Court of Appeals · 1915
- Riddle v. BatsonAlabama Court of Appeals · 1918