Jones v. Brand
Court of Appeals of Kentucky
Case 48 — ACTION FOB 'COMMISSION — APPEAL FROM LAW AND EQUITY DIVISION OF JEFFERSON CIRCUIT COURT. 1. Dr. Curran Pope was not the agent for Mr. Jones for the sale of the property in controversy, and Pope did not employ appellee as sub-agent to make the sale. 2. Dr. Pope’s authority to take bids had been exhausted prior to the date at which the sale was made and never did include the purchasers, Crutcher & Starks. 3. Brand has done nothing to earn the commission in this case.…
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Case 48 — ACTION FOB 'COMMISSION — APPEAL FROM LAW AND EQUITY DIVISION OF JEFFERSON CIRCUIT COURT. 1. Dr. Curran Pope was not the agent for Mr. Jones for the sale of the property in controversy, and Pope did not employ appellee as sub-agent to make the sale. 2. Dr. Pope’s authority to take bids had been exhausted prior to the date at which the sale was made and never did include the purchasers, Crutcher & Starks. 3. Brand has done nothing to earn the commission in this case. 4. The court erred in permitting Mr. Brand to read from h!is letter-book the supposed copy of the postal of October 18,…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion of the court.
This suit was instituted by appellee to recover commissions alleged to be due bim as the duly-authorized agent of Samuel H. Jones, for his services in making a sale of the property of Jones situated on Fourth and Jefferson streets, in the city of Louisville, to Crutcher & Starks.
The executrix of Jones (who has died since the date of the alleged services) denies that appellee was the agent of her testator for the sale of said property; that he ever promised or agreed to pay such commissions, or any part *413thereof; or that plaintiff rendered any…
2Cases cited3 opinions
- Warner v. MartinSupreme Court of the United States · 1851
- Barret v. RhemCourt of Appeals of Kentucky · 1869
- Rudd v. Nashville, C. & St. L. R. Co.Court of Appeals of Kentucky · 1886
3Cited by4 opinions
- Brutinel v. NygrenArizona Supreme Court · 1916
- Floyd v. MackeyCourt of Appeals of Kentucky · 1902
- Rudd v. Nashville, C. & St. L. R. Co.Court of Appeals of Kentucky · 1886
- Select Portfolio Servicing, Inc. v. BlevinsCourt of Appeals of Kentucky · 2016