Legal Opinion
Eastburn v. Joseph Espalla, Jr., & Co.
Supreme Court of Alabama
Decided April 7, 1927No. 1 Div. 444PublishedCited by 6 opinions
1Opinion of the CourtBouldin, J.
The suit is by a real estate broker to recover commissions due as per contract with the owner. The broker obtained a purchaser able and willing to buy, who submitted a proposition in writing which was accepted in writing by the owner.
The defense was that the plaintiff firm forfeited all 'claim to commissions because of bad faith in promoting the offer and acceptance at a price known by the broker to be greatly less than the true value of the property.
The broker occupies a fiduciary relation to the owner he represents in the sale of the property, owes full fidelity in the service he…
2Cases cited12 opinions
- Wadsworth v. AdamsSupreme Court of the United States · 1891
- Henderson v. VincentSupreme Court of Alabama · 1887
- Alford v. CreaghAlabama Court of Appeals · 1913
- Hegenmyer v. MarksSupreme Court of Minnesota · 1887
- Alexander v. SmithSupreme Court of Alabama · 1912
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Zwick v. United Farm Agency, Inc.Wyoming Supreme Court · 1976
- Wilcox v. ReynoldsSupreme Court of Oklahoma · 1934
- Canfield v. WithNew Mexico Supreme Court · 1931
- Knight v. Taylor Real Estate & InsuranceAlabama Court of Appeals · 1955
- Rollison v. MuirSupreme Court of Oklahoma · 1933
1 more not listed; retrieve them via the Exa API.