Grand Bay Land Co. v. Simpson
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Bill by J. M. Simpson for an accounting under a 'contract with the Grand Bay Land Company, by which Simpson undertook to act as the sales agent of the land company for a commission, payable at a certain rate, upon collections of the purchase money on sales made by him.
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Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Bill by J. M. Simpson for an accounting under a 'contract with the Grand Bay Land Company, by which Simpson undertook to act as the sales agent of the land company for a commission, payable at a certain rate, upon collections of the purchase money on sales made by him. Prom the decree rendered on the report of the register and the statements of the account, the Grand Bay Lumber Company appeals, and J. M. Simpson files a cross-appeal. No interest can be allowed upon the settlement of an unliquidated and mutual account. 176 Ala.…
1Opinion of the CourtThomas, J.
A former appeal in this case (Grand Bay Land Co. v. Simpson) is found in 205 Ala. 347, 87 South. 186. The present appeal is from a decree confirming the report of the register based on oral examination of witnesses.
[1] Under subdivision 1 of section 5955 of the Code of 1907 the finding of a register based on oral examination of witnesses is presumptively correct, and, if there is a reasonable doubt as to whether it is correct, such finding will not be disturbed. Andrews v. Grey, 199 Ala. 152, 74 South. 62. That is to say, the weight and effect accorded to the finding of a register based on…
2Cases cited18 opinions
- Andrews v. GreySupreme Court of Alabama · 1917
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Julian v. WoolbertSupreme Court of Alabama · 1919
- Railroad Co. v. SwaseySupreme Court of the United States · 1875
- Lodge v. TwellSupreme Court of the United States · 1890
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3Cited by32 opinions
- E. C. Ernst, Inc. v. Manhattan Construction Company of Texas, Providence Hospital, Fairbanks-Morse, Inc., Charles H. McCauley Associates, Inc.Court of Appeals for the Fifth Circuit · 1977
- Ex Parte JacksonSupreme Court of Alabama · 1925
- First Alabama Bank Of Montgomery, N.A. v. First State Insurance CompanyCourt of Appeals for the First Circuit · 1990
- Crowson v. CodySupreme Court of Alabama · 1926
- First Alabama Bank of Montgomery, N.A. v. First State InsuranceCourt of Appeals for the Eleventh Circuit · 1990
27 more not listed; retrieve them via the Exa API.