Alford v. Creagh
Alabama Court of Appeals
Assumpsit. Appeal from Wilcox Circuit Court. Heard before Hon. B. M. Miller. Assumpsit by P. M. Creagh against Walter R. Alford. From a judgment for plaintiff defendant appeals.
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Assumpsit. Appeal from Wilcox Circuit Court. Heard before Hon. B. M. Miller. Assumpsit by P. M. Creagh against Walter R. Alford. From a judgment for plaintiff defendant appeals. The letter without more, was not a contract, and hence, is not binding on defendant. — Martin v. Black, 21 Ala. 721; 7 A. & E. Enc. of Law, 126. The contract was not enforceable because violative of the statute of frauds. — Section 4289, Code 1907. The complaint did not aver that plaintiff procured a purchaser who was; both able and ready to comply with the terms. — Cook v. Forst, 116 Ala. 395. The contract does not…
1Opinion of the CourtThomas, J.
This Avas an action by the appellee, Creagh, against appellant, Alford, to recover commis-' sions claimed for services performed' in selling certain real estate under a special contract. The plaintiff;' Creagh, resides--at Suggsville, Clarke county, Alá'.; where he is engaged in ruiihing a boarding house, and thé lands,- for selling which1 the' commissions áre claimed, are located in Clarke county,* :in- the' vicinity of Suggsville, and belong to defendant’s wife and lieF sistér. The deféndant, Alford, resided at or near Cant-den in Wilcox' county, a consi durable - di stance frohi the lands,…
2Cases cited13 opinions
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Elliott v. HowisonSupreme Court of Alabama · 1906
- Sunflower Lumber Co. v. Turner Supply Co.Supreme Court of Alabama · 1909
- Comer & Co. v. Way & EdmundsonSupreme Court of Alabama · 1894
- Henderson v. VincentSupreme Court of Alabama · 1887
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