Shannon v. Lee
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by Joseph Lee against J. S. Shannon to recover commissions as a real estate broker. Judgment for plaintiff and defendant appeals.
Read the full summary
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by Joseph Lee against J. S. Shannon to recover commissions as a real estate broker. Judgment for plaintiff and defendant appeals. The rule is inflexible that where there is an expressed contract plaintiff cannot resort to an implied one, but must recover if at all on the express contract having first shown in order to do so, the complete performance of the same on his part, the only exception being that he may recover on the common count where it is shown that the contract has been fully performed on his part according…
1Opinion of the CourtMcCLELLAN, J.
Action by a real estate agent (appellee) against the owner (appellant) for commissions in respect of sale of lands in Winston county, Ala. On February 4, 1909, the folloAving written contract Avas executed by appellant: “This agreement, made betAveen J. S. Shannon and J. P. Lee, witnesseth: (1) Shannon owns and controls 7,000 to 10,000 acres timberland in Winston county, Alabama. He authorizes and empowers Lee to make sale of same, at $5 per acre, fee simple, except 1,100 to 1,200, and upon sale will *466pay Lee commission óf 50 cents per acre. (2) Shannon agrees, if necessary and desirable, to…
2Cases cited1 opinion
- Handley v. ShafferSupreme Court of Alabama · 1912
3Cited by8 opinions
- Finney v. NewsonSupreme Court of Alabama · 1919
- Day Sachs v. Travelers' Ins. Co.Supreme Court of Alabama · 1931
- White v. JacksonAlabama Court of Appeals · 1953
- Evans Bros. Const. Co. v. Steiner Bros.Supreme Court of Alabama · 1922
- Pensacola St. A. & Gulf S. S. Co. v. BrooksAlabama Court of Appeals · 1916
3 more not listed; retrieve them via the Exa API.