Bickley v. Murdock
Supreme Court of Alabama
Appeal from Circuit Court, Madison County; Robert C. Brickell, Judge. Assumpsit by A. J. Murdock against W. H. Bickley to recover commissions on the sale of real property. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts. 1911, p. 450, § 6. The facts sufficiently appear from the opinion of the court.
Read the full summary
Appeal from Circuit Court, Madison County; Robert C. Brickell, Judge. Assumpsit by A. J. Murdock against W. H. Bickley to recover commissions on the sale of real property. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under Acts. 1911, p. 450, § 6. The facts sufficiently appear from the opinion of the court. Counsel discuss the evidence, with the insistence that the court rendered an improper judgment; but they cite no authorities in support of same. Counsel discuss the evidence, but cite no authority.
1Opinion of the CourtThomas, J.
The suit was for commissions on sales of real property. The judgment was for plaintiff. No question of law is presented. The decision must rest on a question of fact. The record shows that the witnesses were examined orally before the court, and the judge had the benefit of observing their- manner and demeanor and the better opportunity to pass upon the credibility of the testimony. His finding has the force of a verdict by a jury. Hackett v. Cash, 196 Ala. 403, 72 South. 52; Finney v. Studebaker Corp., 196 Ala. 422, 72 South. 54; Andrews v. Grey, 74 South. 62; Cole v. A. G. S. R. R. Co., 201…
2Cases cited6 opinions
- Hackett v. CashSupreme Court of Alabama · 1916
- Andrews v. GreySupreme Court of Alabama · 1917
- Finney v. Studebaker Corp. of AmericaSupreme Court of Alabama · 1916
- Ray v. WatkinsSupreme Court of Alabama · 1920
- Veid v. RobertsSupreme Court of Alabama · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Alabama Mills, Inc. v. BrandSupreme Court of Alabama · 1948
- Dicks v. McAllisterAlabama Court of Appeals · 1924
- Robins Transfer Co. v. LewisSupreme Court of Alabama · 1954