Alexander v. Smith
Supreme Court of Alabama
Appeal from Calhoun Circuit Court. Heard before Hon. Hugh D. Merrill. Assumpsit by A. J. Smith against O. M. Alexander. Judgment for plaintiff and defendant appeals. The first three counts were the common counts. The fourth was for breach of contract based upon the letter referred to in the opinion, as were the fifth and sixth counts. The facts appear in the opinion.
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Appeal from Calhoun Circuit Court. Heard before Hon. Hugh D. Merrill. Assumpsit by A. J. Smith against O. M. Alexander. Judgment for plaintiff and defendant appeals. The first three counts were the common counts. The fourth was for breach of contract based upon the letter referred to in the opinion, as were the fifth and sixth counts. The facts appear in the opinion. The following charges, among others, were refused to the defendant: “(1) If O. M. Alexander, acting for himself, or acting as agent for his wife, in good faith withdrew the lands from the market, and took such steps as would…
1Opinion of the CourtSayre, J.
Plaintiff (appellee) sued for commissions earned in finding a purchaser for a tract of land *548owned by defendant. The contract between the parties was evidenced by a letter written to plaintiff, in which - defendant said: “I hereby put said place in your hands for a sale at a price not less than fifteen thousand dollars ($15,000) and will allow you 10 per cent, for effecting any sale thereon to your parties. However, as I now have prospects of selling same, and may have other future prospects, I reserve the rignt to make such sales myself to parties I myself may interest. But any sales to…
2Cases cited8 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- Sayre v. Wilson & IngramSupreme Court of Alabama · 1888
- City of Montgomery v. WycheSupreme Court of Alabama · 1910
- Cook v. ForstSupreme Court of Alabama · 1896
- Alabama Great Southern Ry. Co. v. SandersSupreme Court of Alabama · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Cashion v. AhmadiSupreme Court of Alabama · 1977
- Inland Mutual Insurance Company v. HightowerSupreme Court of Alabama · 1962
- Gulf Trading Co. v. RadcliffSupreme Court of Alabama · 1927
- Hughes v. DanielSupreme Court of Alabama · 1914
- Thayer v. GlynnSupreme Court of Vermont · 1919
11 more not listed; retrieve them via the Exa API.