Legal Opinion · Dissent

Parker v. Walker

Tennessee Supreme Court

Decided May 5, 1888Published

EROM SHELBY. Appeal in error from Circuit Court of Shelby County. L. II. Estes, J.

1Dissent

DISSENTING OPINION.

The following dissenting opinion was delivered:

Polices, J.

I regret that I cannot- concur in the opinion of the majority of the Court in .the disposition of this cause.

I have always understood that to entitle ,a real estate agent to his commissions he must effect a sale, or bring the seller a party ready, willing, and able to buy; and when he has done this, and the sale is defeated by defective title of seller, or by the wrongful refusal of seller to comply, or some default on his part which results to defeat the sale, he can recover.

But in the case at bar the seller has a…

2Cases cited7 opinions

  1. Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
  2. Sussdorff v. . SchmidtNew York Court of Appeals · 1873
  3. McGavock v. WoodliefSupreme Court of the United States · 1858
  4. Nehring v. Connecticut Co.Supreme Court of Connecticut · 1912
  5. Kimberly v. HendersonCourt of Appeals of Maryland · 1868

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