Russell v. Johnson
Mississippi Supreme Court
Appeal from circuit court of Warren county. Hon. E. L. Brien, Judge. Action by A. G. Bussell against Fannie W. Johnson, in which the plaintiff died and Elizabeth N. Bussell was substituted as his administratrix. Judgment for the defendant, and the plaintiff appeals. The first consideration in determining whether a broker is entitled to compensation is the contract of employment.
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Appeal from circuit court of Warren county. Hon. E. L. Brien, Judge. Action by A. G. Bussell against Fannie W. Johnson, in which the plaintiff died and Elizabeth N. Bussell was substituted as his administratrix. Judgment for the defendant, and the plaintiff appeals. The first consideration in determining whether a broker is entitled to compensation is the contract of employment. A broker must have been employed to handle the transaction in which he rendered service for which he claims compensation. Was there a contract of employment in this case? The employment and corresponding agreement to…
1Opinion of the CourtEthridge, J.
A. G-. Russell, husband of the appellant and the original plaintiff who died pending suit, brought suit ag’ainst appellee for fifty thousand dollars, claimed as commission as real estate agent for services in the sale of Panther Burn Plantation. There was a peremptory instruction for the appellee in the court below, and judgment entered thereon, from which judgment this appeal is prosecuted. There is in the record considerable correspondence and evidence, but we think it would be useless to undertake to set it out. After a painstaking consideration of all of the evidence, including the…
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