Legal Opinion

Hutto v. Stough

Supreme Court of Alabama

Decided June 30, 1908PublishedCited by 10 opinions

Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Action by Stough & Hornsby against N. J. Hutto. From a judgment for plaintiffs’ defendant appeals. The complaint was as follows: (1) By account. (2) For work and labor done.

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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Action by Stough & Hornsby against N. J. Hutto. From a judgment for plaintiffs’ defendant appeals. The complaint was as follows: (1) By account. (2) For work and labor done. (3) “Plaintiff claims of defendant the sum of $275, with interest thereon from the 5th day of January, 1907, for that whereas, on or about the 1st day of December, 1906, defendant employed the plaintiffs, who were doing business in real estate in the town of Dothan, Ala., to obtain for him a purchaser for a certain tract of land in the town of Dothan,…

1Opinion of the CourtSimpson, J.

This suit was brought by the appellees against the appellant to recover commissions claimed by the plaintiffs as real estate brokers for a sale of lands of the defendant.

The testimony of the plaintiffs Avas that in 1896 (a few days after December 1st) defendant employed them to sell the property at $6,000 on a commission of 5 per cent.; that afterwards defendant authorized them to sell, at $5,500, and then at $5,000; that shortly thereafter plaintiffs offered the property to Judge Leslie, who re*570fused to purchase at the price named, hut offered a tract of land containing 400 acres and $1,000…

2Cases cited5 opinions

  1. Henderson v. VincentSupreme Court of Alabama · 1887
  2. Bowen v. StateSupreme Court of Alabama · 1903
  3. Rarden v. CunninghamSupreme Court of Alabama · 1902
  4. Bailey v. SmithSupreme Court of Alabama · 1893
  5. McClure v. StateSupreme Court of Alabama · 1907

3Cited by10 opinions

  1. Handley v. ShafferSupreme Court of Alabama · 1912
  2. Smith v. SharpeSupreme Court of Alabama · 1909
  3. Alford v. CreaghAlabama Court of Appeals · 1913
  4. Gulf Trading Co. v. RadcliffSupreme Court of Alabama · 1927
  5. Dancy v. BakerSupreme Court of Alabama · 1921

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