Crosthwaite v. Lebus
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by J. D. Crosthwaite v. Lewis Lebus, to recover commissions for an alleged sale of real estate.- The pleadings and the facts are sufficiently stated in the. opinion. The court erred in not permitting the witness Dangaix to answer the question, if he was ready, willing and able to take and pay for the property in question. — First National Bank r.
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Appeal from Birmingham City Court. Heard before Hon. Charles W. Ferguson. Action by J. D. Crosthwaite v. Lewis Lebus, to recover commissions for an alleged sale of real estate.- The pleadings and the facts are sufficiently stated in the. opinion. The court erred in not permitting the witness Dangaix to answer the question, if he was ready, willing and able to take and pay for the property in question. — First National Bank r. (da-lire, 118 Ala. 216; Romano v. Brooks, 39 So. 213; McDermott r. Mahoney, 93 N. IV. 199. A broker’s duty does not require him to draw and attend to the execution of…
1Opinion of the CourtTyson, J.
This cause ivas tried by the court without the intervention of a jury. The action is on the common counts to recover commissions for the sale of real estate. Two defenses are invoked: (1) That the sale was not consummated according to the terms prescribed by the principal; and (2) that the plaintiff was doing a real estate brokerage business and had not procured state and county license to carry on such business.
The terms of sale, prescribed by the principal are contained in a letter from him to plaintiff, and may he briefly stated as follows: “I will let you sell it for the best price you…
2Cited by7 opinions
- McCarthy v. Union Pac. Ry. Co.Wyoming Supreme Court · 1942
- Heurich v. SullivanCourt of Appeals for the D.C. Circuit · 1922
- Hughes v. DanielSupreme Court of Alabama · 1914
- Mobile Towing & Wrecking Co. v. First Nat. BankSupreme Court of Alabama · 1918
- Bank of Oakman v. ThompsonSupreme Court of Alabama · 1935
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