Miller v. Louisville & Nashville Railroad
Supreme Court of Alabama
Appeal from the City Court of Birmingham, in equity, Heard before the Hon. H. A. Sharpe. „„-The bill in this case was filed on the 29th April, 1887, by the .Louisville & Nashville Bailroad Company, a corporation doing business in this State, against F. W. Miller and Bichard E. Jones, Jr.; and sought to rescind, on the- ground of fraud and collusion, a contract for the sale of lands between said Miller, acting as agent and attorney in fact of the complainant, and said Jones…
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Appeal from the City Court of Birmingham, in equity, Heard before the Hon. H. A. Sharpe. „„-The bill in this case was filed on the 29th April, 1887, by the .Louisville & Nashville Bailroad Company, a corporation doing business in this State, against F. W. Miller and Bichard E. Jones, Jr.; and sought to rescind, on the- ground of fraud and collusion, a contract for the sale of lands between said Miller, acting as agent and attorney in fact of the complainant, and said Jones as purchaser; and also to reform, on the ground of mistake, the power of attorney under which Miller acted in making the…
1Opinion of the CourtStone, C. J.
— The Louisville & Nashville Railroad Company, by power of attorney bearing date December 16, 1886, empowered Miller & Co. to make sale of certain lands and mineral interests, at any time within thirty days, and “ at a sum not less than five hundred thousand dollars.” The contract, or power, whichever it may be termed, has an additional stipulation, which is unusual in such instruments. It contains no stipulation for compensation to the agents making the sale; but, if it were simply silent on this subject, the law would imply a promise to make reasonable payment for the services to be…
2Cases cited4 opinions
- Flewellen v. CraneSupreme Court of Alabama · 1877
- Adams v. SayreSupreme Court of Alabama · 1884
- Robbins v. Battle House Co.Supreme Court of Alabama · 1883
- Chamberlain & Parker v. DorranceSupreme Court of Alabama · 1881
3Cited by18 opinions
- Farrell v. Forest Investment Co.Supreme Court of Florida · 1917
- Steinman v. Clinchfield Coal Corp.Court of Appeals of Virginia · 1917
- Green v. DuvergeyCalifornia Supreme Court · 1905
- State Trust & Savings Bank v. Hermosa Land & Cattle Co.New Mexico Supreme Court · 1925
- Miller v. WillsSupreme Court of Virginia · 1897
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