Richardson v. Olanthe Milling & Elevator Co.
Supreme Court of Alabama
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Action by E. O. Richardson against the Olanthe Milling & Elevator Company, for commissions on the sale of flour. Judgment for defendant and plaintiff appeals.
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Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Action by E. O. Richardson against the Olanthe Milling & Elevator Company, for commissions on the sale of flour. Judgment for defendant and plaintiff appeals. A broker who is employed to sell property on commissions earns his compensation when he has been the efficient agent in procuring a satisfactory purchaser who is able, ready and willing to buy the property on the terms fixed by the owner. —Sayre v. Wilson, 86 Ala. 151; Hutto v. Stough & Hornsby, 47 So. 1031; 4 A. & E. Enc. of Law, 972-7, 2nd Ed. The action was upon…
1Opinion of the CourtSimpson, J.
The suit is by the appellant against the appellee, to recover commissions claimed to be due the plaintiff for services in selling a certain quantity of flour. The evidence is without conflict that plaintiff was authorized to take orders from merchants for flour to *413be furnished by the defendant; that plaintiff did take orders from two mercantile firms for a quantity of flour at prices which had been fixed by defendant; that the defendant, thinking from the size of the orders that said merchants had not understood the quality of the flour, wrote to them explaining that it was an inferior…
2Cases cited2 opinions
- McKindly v. DunhamWisconsin Supreme Court · 1882
- Gould v. Cates Chair Co.Supreme Court of Alabama · 1906
3Cited by10 opinions
- J. C. Lysle Milling Co. v. North Alabama Grocery Co.Supreme Court of Alabama · 1917
- Walker and McClelland v. ChanceySupreme Court of Florida · 1928
- Casey v. Hart Wallace & Co.Court of Appeals of Kentucky · 1920
- Hutchins & Co. v. ShermanSupreme Court of Florida · 1921
- Eldorado Coal Co. v. Rust ShelburneSupreme Court of Alabama · 1919
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