Stokes v. Walker
Court of Appeals of Georgia
Complaint; from Bibb superior court — Judge Mathews. May 4, 1917. This was a suit by J. F. Stokes against Mrs. M. S. Walker, executrix of the estate of B. S. Walker Jr., based upon the following contract: "Georgia, Bibb County.
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Complaint; from Bibb superior court — Judge Mathews. May 4, 1917. This was a suit by J. F. Stokes against Mrs. M. S. Walker, executrix of the estate of B. S. Walker Jr., based upon the following contract: "Georgia, Bibb County. January 24th, 1912. I hereby agree to pay J. F. Stokes one half of my net profits accruing from the sale of six hundred and eighty-seven acres of land which Stokes has this day transferred to me under bond for title from B. T. Adams & Co. This agreement to be good for a period of five years from this date. [Signed] B. S. Walker, Jr. Witness, J. A. Jordan.” By…
1Opinion of the CourtJenkins, J.
(After stating the foregoing facts.) Counsel for the plaintiff contends that the legal effect of the contract sued upon was merely to constitute Walker the agent of the plaintiff, Stokes, for the purpose of selling the land, and, as compensation for his services, he was to receive half of the profits arising from the sale of the land, after paying off the Adams & Co. debt, and that, since no terms of sale are prescribed by the contract, in the absence of any agreement that Walker should sell upon a credit, the contract means that he should sell for cash; and that when Walker caused the legal…
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