Stout v. Thornhill
Alabama Court of Appeals
Appeal from Law and Equity Court, Morgan County; Thomas W. Wert, Judge. Action by J. A. Thornhill against L. O. Stout for commissions in the sale of real estate. Judgment for plaintiff, and defendant appeals.
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Appeal from Law and Equity Court, Morgan County; Thomas W. Wert, Judge. Action by J. A. Thornhill against L. O. Stout for commissions in the sale of real estate. Judgment for plaintiff, and defendant appeals. The case stated by plaintiff is tbat lie had a contract with defendant to sell a certain tract of land for him at a named stun, and that plaintiff procured within a reasonable time one J. O. Dorroh, as a purchaser who was able, ready, and willing to buy at such price, and that defendant failed and refused to consummate the trade. Defendant offered letters from Dorroh to Dr. F. L.…
1Opinion of the CourtBrown, P. J.
the plaintiff’s right to re-, cover for his services as a broker in procuring a purchaser for the defendant’s lands, in pursuance to a contract between tlie plaintiff and the defendant, is in no way dependent upon a consummation of such sale, or the failure of such consummation resulting from the conduct of the defendant.
[1,2] When a real estate broker, who has been engaged to procure a purchaser for certain real estáte on certain terms, in good faith presents a purchaser who is ready, able, and willing to make the purchase for the price and on the terms specified, it is the duty of the…
2Cases cited7 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- Birmingham Land & Loan Co. v. ThompsonSupreme Court of Alabama · 1888
- Bailey v. PadgettSupreme Court of Alabama · 1915
- Kellar v. Jones & WeedenSupreme Court of Alabama · 1916
- Barnes v. MarshallSupreme Court of Alabama · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Cofield v. McGraw & GarnerAlabama Court of Appeals · 1918
- Allison v. Fuller-Smith & Co.Alabama Court of Appeals · 1924
- Morrison v. JacksonAlabama Court of Appeals · 1920
- State v. Polakow's Realty Experts, Inc.Supreme Court of Alabama · 1942