Underwood v. Duskin & Stewart Realty Co.
Alabama Court of Appeals
Appeal fr.om Circuit Court, Montgomery County; Leon MuCord, Judge. Action by the Duskin & Stewart Realty Company against Kenneth. Underwood, for commission on the sale of real estate. Judgment for plaintiff, and defendant appeals. Evidence tended to show that the defendant placed 160 acres of land with the plaintiff for sale at $40 per acre, agreeing to pay 5 per- cent, of the purchase price as commission.
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Appeal fr.om Circuit Court, Montgomery County; Leon MuCord, Judge. Action by the Duskin & Stewart Realty Company against Kenneth. Underwood, for commission on the sale of real estate. Judgment for plaintiff, and defendant appeals. Evidence tended to show that the defendant placed 160 acres of land with the plaintiff for sale at $40 per acre, agreeing to pay 5 per- cent, of the purchase price as commission. The plaintiff sold the land to Dr. Galt, upon a consideration of $4,000 cash, and the balance arranged on certain payments. Dr. Galt was ready to trade, but found the land could not be…
1Opinion of the CourtSamford, J.
The defendant was the owner of 160 acres of land, which he desired to sell, and for this purpose employed plaintiff to procure a purchaser, agreeing to pay for the service 5 per cent, of the purchase price. The plaintiff did procure a purchaser at a satisfactory price, to wit, $6,400, and after some negotiations as to terms and time of delivery of possession defendant and the purchaser entered into an agreement, dated March 19, 1918, which will be set out by the reporter.
[1] This contract was accepted by both parties, and the consideration named wa^i paid. The commission agreed upon between I…
2Cases cited3 opinions
- Smith v. SharpeSupreme Court of Alabama · 1909
- Kellar v. Jones & WeedenSupreme Court of Alabama · 1916
- McGowin Lumber & Export Co. v. Camp Lumber Co.Alabama Court of Appeals · 1917
3Cited by3 opinions
- Ducommun v. JohnsonSupreme Court of Iowa · 1961
- Chitwood v. WhiteAlabama Court of Appeals · 1921
- Rawls v. Carlisle & BastonAlabama Court of Appeals · 1921