De Briere v. Yeend Bros. Realty Co.
Supreme Court of Alabama
Appeal from Circuit Court, Mobile County; Claude A. Grayson, Judge. Action by Yeend Brothers Realty Company against Chas. De Briere, Jr., on the common counts to recover for commissions earned on the sale of real estate. Judgment for the plaintiff, and the defendant appealed.
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Appeal from Circuit Court, Mobile County; Claude A. Grayson, Judge. Action by Yeend Brothers Realty Company against Chas. De Briere, Jr., on the common counts to recover for commissions earned on the sale of real estate. Judgment for the plaintiff, and the defendant appealed. Transferred from court of appeals under p. 450, section 6, acts 1911. The defendant never saw, knew, nor heard of the supposed purchaser, and therefore could not have accepted him as a purchaser at the time plaintiff submitted the proposition. 188 Ala. 240, 66 South. 452; 17 R. I. 582, 23 Atl. 1019, 33 Am. St. Rep. 897;…
1Opinion of the Court
McGLELLAN, j.
The appellee, a real estate agent, entered into an agreement with appellant on October 22, 1918. The contract was, by its terms, made to expire in 60 days after its date. A major stipulation was that the agent was authorized, as sole agent, “to sell” certain described of appellant’s real estate, on specified terms, for a specified commission, etc. The 60-day limitation expired on December 22, 1918. On February 6, 1919, this writing was given by .A. Robin-ton to appellee, appellant signing his own name to the acceptance indorsed thereon:
“Yeend Bros. Realty Co., Inc. This will…
2Cases cited4 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- Rice v. MayoMassachusetts Supreme Judicial Court · 1871
- Finney v. NewsonSupreme Court of Alabama · 1919
- Caruthers v. MooreTennessee Supreme Court · 1851
3Cited by9 opinions
- Gulf Trading Co. v. RadcliffSupreme Court of Alabama · 1927
- Sadler v. RadcliffSupreme Court of Alabama · 1927
- Williamson v. United Farm Agency of Alabama, Inc.Supreme Court of Alabama · 1981
- Ellison v. Sudduth Realty Co.Supreme Court of Alabama · 1928
- Ar-Con Building Specialties, Inc. v. Famco, Inc.Court of Appeals for the Fifth Circuit · 1973
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