Lunsford v. Bailey & Howard
Supreme Court of Alabama
Appeal from tlie Circuit Court of Birmingham. Tried before tlie Hon. Charles A. Senn. This action was brought by the appellees, Bailey & Ho Avar cl, real estate agents, against the appellant, Mrs. Susan Lunsford, to recover commissions for procuring a purchaser for property owned by the defendant. The complaint contains four counts. The first three counts were common counts.
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Appeal from tlie Circuit Court of Birmingham. Tried before tlie Hon. Charles A. Senn. This action was brought by the appellees, Bailey & Ho Avar cl, real estate agents, against the appellant, Mrs. Susan Lunsford, to recover commissions for procuring a purchaser for property owned by the defendant. The complaint contains four counts. The first three counts were common counts. The fourth count was in words and figures as followsi: “Plaintiffs claim of defendant the further sum of five hundred dollars damages, Avith interest thereon, for the breach of an agreement entered into by her during the…
1Opinion of the CourtTyson, J.
The .fourth count of the complaint did not aver an undertaking on the part of the plaintiff “to sell” defendant’s property as was done in the case of Sayre v. Wilson, (86 Ala. 151), but simply “to procure *321a customer for her for the property at the price of three thousand five' hundred dollars,” which it is alleged they did. That case, therefore, is not authority for the contention here made, that the count under consideration should allege that the customer procured by plaintiff was readjr, able and ivilling to pay for the property. It was entirely competent for the parties to contract for…
2Cases cited4 opinions
- Sayre v. Wilson & IngramSupreme Court of Alabama · 1888
- Dannelley v. StateSupreme Court of Alabama · 1900
- Nuckols v. StateSupreme Court of Alabama · 1895
- Alabama Construction Co. v. Wagnon Bros.Supreme Court of Alabama · 1902
3Cited by4 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- Ex Parte Mobile Light R. Co.Supreme Court of Alabama · 1918
- North Birmingham Lumber Co. v. Sims & WhiteSupreme Court of Alabama · 1908
- Arnold v. WellsNew Mexico Supreme Court · 1916