Cook v. Forst
Supreme Court of Alabama
Appeal from tbe Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was an action brought by the appellants against the appellees. The cause was tried by the court without the intervention of a jury, and upon the hearing of all the evidence, the court rendered judgment for the defendant.
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Appeal from tbe Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was an action brought by the appellants against the appellees. The cause was tried by the court without the intervention of a jury, and upon the hearing of all the evidence, the court rendered judgment for the defendant. The plaintiff appeals, and assigns the rendition of this judgment as error. cited in support of their contention, that the plaintiffs were entitled to the commissions sued for, the following authorities : Henderson v. Vincent, 84 Ala. 99; Birmingham L. & L. Co. v. Thompson, 86 Ala. 146;…
1Opinion of the CourtColeman, J.
The action is in assumpsit instituted by appellants to recover commissions alleged to be owing and due, for services rendered as real estate agents and brokers, in procuring a purchaser of certain real property. The case was tried by the court without the intervention of a jury, and the right to maintain the action depended more upon a finding from the facts, rather than any principle of law.
The owner of real property by employing a real estate agent or broker to effect a sale of the property, does not thereby preclude himself from employing other agents for the same purpose, or from…
2Cases cited2 opinions
- Henderson v. VincentSupreme Court of Alabama · 1887
- Birmingham Land & Loan Co. v. ThompsonSupreme Court of Alabama · 1888
3Cited by21 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- Smith v. SharpeSupreme Court of Alabama · 1909
- Duval v. MoodyCourt of Appeals of Texas · 1900
- Erswell v. FordSupreme Court of Alabama · 1921
- Gulf Trading Co. v. RadcliffSupreme Court of Alabama · 1927
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