Handley v. Shaffer
Supreme Court of Alabama
Appeal from Randolph Circuit Court. Heard before Hou. S. L. Brewer. Action by G. R. Shaffer against W. A. Handley and others for broker’s commissions. Judgment for plaintiff, and defendants appeal. The court directs the following statement: Plaintiff sues for commissions due to him as an agent or broker by reason of the sale of 24,000 acres of land.
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Appeal from Randolph Circuit Court. Heard before Hou. S. L. Brewer. Action by G. R. Shaffer against W. A. Handley and others for broker’s commissions. Judgment for plaintiff, and defendants appeal. The court directs the following statement: Plaintiff sues for commissions due to him as an agent or broker by reason of the sale of 24,000 acres of land. The original complaint contained two counts, the first for Avork and labor done, and the second setting up a special contract by which it is alleged defendants agreed to pay plaintiff 25 cents per acre to negotiate for them a sale of 24,000 aereas…
1Opinion of the CourtSomerville, J.
The contract upon which plaintiff sues, as declared in counts A and B of the complaint, is one of brokerage only. A real estate broker strictly speaking is but a middleman whose office it is to bring the principals together, with the understanding that they are to negotiate with each other, and trade upon such terms as may be mutually satisfactory. Leathers v. Canfield (Mich.) 45 L. R. A. 33, note c, p.. 51.
If the employment is merely to procure a purchaser, Avithout specification as to the price he is to pay, it is evident that no compensation can be recovered by the broker unless the…
2Cases cited41 opinions
- Lloyd v. . MatthewsNew York Court of Appeals · 1872
- Stewart v. MatherWisconsin Supreme Court · 1873
- Wiggins v. WilsonSupreme Court of Florida · 1908
- Montgomery & Eufaula Railway Co. v. KolbSupreme Court of Alabama · 1882
- Wray v. CarpenterSupreme Court of Colorado · 1891
36 more not listed; retrieve them via the Exa API.
3Cited by96 opinions
- Sessions v. Pacific Improvement Co.California Court of Appeal · 1922
- Sloss-Sheffield Steel & Iron Co. v. WilkesSupreme Court of Alabama · 1936
- Perdue v. GatesSupreme Court of Alabama · 1981
- Morgan v. Whatley & WhatleySupreme Court of Alabama · 1920
- Sealy v. McElroySupreme Court of Alabama · 1972
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