Erswell v. Ford
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County ; Hugh A. Locke, Judge. Bill by O. W. Ford against Catherine Ers-well and. others for discovery and the fixing of compensation concerning the sale of real estate. From a decree overruling' the demurrers to the bill, respondents appeal.
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Appeal from Circuit Court, Jefferson County ; Hugh A. Locke, Judge. Bill by O. W. Ford against Catherine Ers-well and. others for discovery and the fixing of compensation concerning the sale of real estate. From a decree overruling' the demurrers to the bill, respondents appeal. Failure of Ford to notify Mrs. Erswell that Pizitz had offered $105,000 for the property was a breach of duty, barring right to recover. 177 Ala. 636, 59 South. 286; 19 Oyc. 225; 9 O. J. 567. The contract was unilateral, and subject to be terminated at the pleasure of the owner at any time before complainant made a…
1Opinion of the CourtMiller, J.
C. W. Ford filed this bill in equity against Catherine Erswell and Louis Pizitz to collect $4,250 alleged to be due him by Catherine Erswell as commissions for the sale of lots Nos. 112, 114, and 116, North Nineteenth street, in Birmingham, Ala., made by Catherine Erswell to Louis Pizitz, .and for discovery.
The court below overruled demurrers to the bill of complaint and this is assigned as error.
The complaint avers that Mrs. Catherine Erswell owned the property, and wrote him the following letter:
“Birmingham, Alabama, September 5, 1910.
“Mr. C. W. Eord, % A. A. Adams & Co., Birmingham,…
2Cases cited10 opinions
- Alabama Girls' Industrial School v. ReynoldsSupreme Court of Alabama · 1904
- Sayre v. Wilson & IngramSupreme Court of Alabama · 1888
- Smith v. SharpeSupreme Court of Alabama · 1909
- Va. & Ala. Mining & Manufacturing Co. v. Hale & Co.Supreme Court of Alabama · 1890
- Alford v. CreaghAlabama Court of Appeals · 1913
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Shuler v. AllenSupreme Court of Florida · 1955
- Springer v. SullivanSupreme Court of Alabama · 1928
- Erswell v. FordSupreme Court of Alabama · 1922
- Russell v. GarrettSupreme Court of Alabama · 1922
- Roy v. AbrahamSupreme Court of Alabama · 1922
15 more not listed; retrieve them via the Exa API.