Davis v. Clausen
Alabama Court of Appeals
Appeal from Mobile Law ancl Equity Court. Heard before Hon. Saefold Berney. Action by George J. Clausen against Charles N. Davis, to recover commissions on real estate sale. Judgment for plaintiff and defendant appeals.
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Appeal from Mobile Law ancl Equity Court. Heard before Hon. Saefold Berney. Action by George J. Clausen against Charles N. Davis, to recover commissions on real estate sale. Judgment for plaintiff and defendant appeals. The portion of the court’s oral charge excepted to was erroneous.- — ¡Stevens v. Bailey, et al., 149 Ala. 256; 33 Pac. 163; 29 S. W. 438. The appellant was entitled to the affirmative charge.— 19 Cyc. 257; GrosPwaite v. Lebus, 146 Ala. 525; Hutto v. IStough, et al., 157 Ala. 566; Groolc, et al. v. Forst, 116 Ala. 395. Counsel discuss other assignments of error, but without…
1Opinion of the Court
de GRAFFENRIED, J.
In the absence of a specialo agreement, the general authority of a real estate agent is only to find a purchaser, and to report him to the owner. He has, in the absence of special authority, no power to conclude a sale. His business generally is only to find a purchaser who is willing to buy the land on the terms fixed by the owner.—Minto v. Moore, 1 Ala. App. 556, 55 South. 542.
A broker employed to sell land becomes entitled to his compensation as a general rule, whenever a sale of the land is niade by his principal to a purchaser introduced by him to his principal. When a…
2Cases cited6 opinions
- Tanner's v. Louisville & Nashville RailroadSupreme Court of Alabama · 1877
- Smith v. SharpeSupreme Court of Alabama · 1909
- Henderson v. VincentSupreme Court of Alabama · 1887
- Birmingham Land & Loan Co. v. ThompsonSupreme Court of Alabama · 1888
- Donahoo v. TarrantAlabama Court of Appeals · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Sadler v. RadcliffSupreme Court of Alabama · 1927
- East Pratt Coal Co. v. JonesAlabama Court of Appeals · 1917
- Davis v. ClausenAlabama Court of Appeals · 1913
- New Connellsville C. & C. Co. v. KilgoreAlabama Court of Appeals · 1912
- Staton v. StateAlabama Court of Appeals · 1913