Wefel v. Stillman
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by John E. Stillman against Herman W. Wefel, Jr. Judgment for plaintiff, and defendant appeals.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by John E. Stillman against Herman W. Wefel, Jr. Judgment for plaintiff, and defendant appeals. Tlie third count of the complaint is in the following language: “The plaintiff claims of the defendant the further sum of $8,333.33 1-3 with interest from the 9th day of March, 1905, it being one-third of the amount, with interest thereon, paid to the defendant on, to-wit, the 9th day of March, 1905, in satisfaction of the judgment rendered in his favor against James T. Creary, Andrew J. Adams, and Ralph G. Bushnell,…
1Opinion of the CourtTyson, C. J.
This is an action of assumpsit by appellee against appellant. There are three counts in the complaint. The first and third are on an express contract; the second, for money had and received. The first and third, being only different as to the amount claimed, may be treated as one. As to the first count it is alleged that the plaintiff below had been authorized to sell certain lands (by Simpson & Co., the owners) on commission, “and it .was agreed between the plaintiff and the defendant that, if the defendant would find a purchaser for said lands, he and the plaintiff would divide equally the…
2Cases cited17 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Drexel v. BerneySupreme Court of the United States · 1887
- Jones & Co. v. PeeblesSupreme Court of Alabama · 1900
- Sheffield Furnace Co. v. Hull Coal & Coke Co.Supreme Court of Alabama · 1893
12 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- Ex Parte Huguley Water SystemSupreme Court of Alabama · 1968
- Heflin v. HeflinSupreme Court of Alabama · 1922
- Ray v. WilliamsSupreme Court of Florida · 1908
- Pollack v. Gunter & GunterSupreme Court of Alabama · 1909
23 more not listed; retrieve them via the Exa API.