Swain v. Pitts
Mississippi Supreme Court
Appeal from the circuit court of Washington county. HoN. H. H. Elmore, Judge. Suit by W. T. Pitts and another against W. B. Swain. Prom a judgment for plaintiffs, defendants appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Washington county. HoN. H. H. Elmore, Judge. Suit by W. T. Pitts and another against W. B. Swain. Prom a judgment for plaintiffs, defendants appeals. The facts are fully stated in the opinion of the court. It seems to ns that the trial of this case proceeded upon the erroneous theory that when a’broker procures a purchaser, ready, able and willing to buy, he then becomes entitled to his commission. ' The law is' that when a broker procures a purchaser who is ready, able and willing to buy upon the terms prescribed by the prinicipal, he then becomes entitled to…
1Opinion of the CourtEtheidge, J.
The appellees, real estate agents, brought suit against the appellant in the circuit court for five thousand dollars, commission alleged to be due them on a sale of a certain plantation in Washington county. There was a judgment for the plaintiffs in the court below for this sum, with interest from date of sale to the date of the judgment. The contract in substance was contained in the letter bearing date October 27, 1917, which reads as follows-:
“Hollyknowe, Miss., October, 27,1917. Pitts & Weeks, Indianola, Miss. — Dear Sir: Eeplying to yours of the 25th, you ask for a price on Hollyknowe.…
2Cited by5 opinions
- Partee v. PeppleMississippi Supreme Court · 1944
- Case v. HarrisonMississippi Supreme Court · 1942
- Lynn B. Jefcoat v. Singer Housing Company D/B/A the Mitchell Co.Court of Appeals for the Fifth Circuit · 1980
- Reynolds v. AlexanderMississippi Supreme Court · 1933
- Sudeen v. CastleberryCourt of Appeals of Mississippi · 2001