Legal Opinion

Minto v. Moore

Alabama Court of Appeals

Decided May 11, 1911PublishedCited by 12 opinions

Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by Terry L. Moore against Mrs. Mary E. Min-to. Judgment for plaintiff, and defendant appeals. Action to recover broker’s commission in the sale of real estate. The first and second counts were on account and for work and labor done. The other counts .allege‘a breach of agreement entered into between Terry L. Moore & Co., a partnership consisting of Terry L. Moore and Theo.

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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by Terry L. Moore against Mrs. Mary E. Min-to. Judgment for plaintiff, and defendant appeals. Action to recover broker’s commission in the sale of real estate. The first and second counts were on account and for work and labor done. The other counts .allege‘a breach of agreement entered into between Terry L. Moore & Co., a partnership consisting of Terry L. Moore and Theo. S. Moore, and the defendant, on August 9, 1909, by which defendant promised to pay said Moore & Co. the sum of $400 if they would obtain from…

1Opinion of the Court

be GRAFFENRIED, J.

In the present case the appellee, a real estate agent residing in Mobile, contends that appellant agreed to pay him $400 if he would purchase for her a certain house and lot in the city of Mobile from one Johnston for a certain sum; that thereupon he undertook, as appellant’s agent, to buy the property for appellant; that finally, on August 10, 1909, through his negotiations, a contract was entered into betAveen appellant and Johnston for the amount Avhich *560appellant had. authorized him to offer; and that after-wards, on August 28, 1909, the appellant, without legal…

2Cases cited5 opinions

  1. Knights of Pythias v. WithersSupreme Court of the United States · 1900
  2. Cook v. ForstSupreme Court of Alabama · 1896
  3. McCullough v. HitchcockSupreme Court of Connecticut · 1899
  4. Stevens v. Bailey & HowardSupreme Court of Alabama · 1906
  5. Hutto v. StoughSupreme Court of Alabama · 1908

3Cited by12 opinions

  1. Cashion v. AhmadiSupreme Court of Alabama · 1977
  2. Cox v. Howard Hall CompanySupreme Court of Alabama · 1972
  3. Sadler v. RadcliffSupreme Court of Alabama · 1927
  4. McCluskey v. SteeleAlabama Court of Appeals · 1920
  5. Empire Gas & Fuel Co. v. SternCourt of Appeals for the Eighth Circuit · 1926

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