Smith v. Sharp Real Estate Co.
Supreme Court of Alabama
Appeal from Circuit Court, Lauderdale County; Charles P. Almon, Judge. Assumpsit by the Sharp Real Estate Company against C. L. Smith for commissions on real estate sales. Judgment for plaintiff and defendant appeals. The facts sufficiently appear.
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Appeal from Circuit Court, Lauderdale County; Charles P. Almon, Judge. Assumpsit by the Sharp Real Estate Company against C. L. Smith for commissions on real estate sales. Judgment for plaintiff and defendant appeals. The facts sufficiently appear. The following charges were refused to defendant: (1) I charge you that if you believe from the evidence that the Sharp Real Estate Company failed and refused to disclose the name of the purchaser, and for that reason defendant was unable to make a deed and furnish an abstract, then your verdict must be for defendant. (2) Before plaintiffs can…
1Opinion of the CourtSomerville, J.
[1] When an agent is employed to find a purchaser for land for his principal, it is unquestionably the agent’s duty to disclose to his principal the name of any purchaser alleged to have been procured. If he refuses to do so, the principal may decline to proceed, so far as such unknown purchaser is concerned. But when the agent is commissioned to sell on stated terms, and makes a written agreement of sale which is binding upon the purchaser, there is no occasion for his disclosing the name of the purchaser to his principal until the latter is ready to execute a deed concurrently with the…
2Cases cited2 opinions
- Mattingly v. PennieCalifornia Supreme Court · 1895
- Birmingham Land & Loan Co. v. ThompsonSupreme Court of Alabama · 1888
3Cited by3 opinions
- ALA. FUEL SALES CO. v. Vulcan Energy ResourcesSupreme Court of Alabama · 1976
- McLeod v. WilsonSupreme Court of Alabama · 1984
- Morrison v. JacksonAlabama Court of Appeals · 1920