Kolb v. J. E. Bennett Land Co.
Mississippi Supreme Court
From the circuit court of Monroe county. The facts are stated in the opinion of the court. The principal has himself the right to sell without liability for commissions. 2 Am. & Eng. Ene. L., 584, and notes; MeGlane v. Paine, 49 N Y., 561 (10 Am. Rep., 431); Packing Go. v. Farmers' Union, 55 Cal., 606; Sibbald v. ddetldehem Iron Go., 83 N. Y., 378 (38 Am. Rep., 441). See Stewart v. Murray, 92 Ind., 543 (47 Am.
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From the circuit court of Monroe county. The facts are stated in the opinion of the court. The principal has himself the right to sell without liability for commissions. 2 Am. & Eng. Ene. L., 584, and notes; MeGlane v. Paine, 49 N Y., 561 (10 Am. Rep., 431); Packing Go. v. Farmers' Union, 55 Cal., 606; Sibbald v. ddetldehem Iron Go., 83 N. Y., 378 (38 Am. Rep., 441). See Stewart v. Murray, 92 Ind., 543 (47 Am. Rep., 167), in which the authorities on this point are reviewed by the court. The contract is unilateral, without mutuality and supported by no consideration, and not enforceable. When…
1Opinion of the Court
Calhoon, Sp. J.,
delivered the opinion of the court.
Mr. Kolb signed and delivered to Mr. Jackson, an agent of the land company, an instrument in writing in these words:
‘ ‘ This is to certify that I am owner in fee of the following lands (describing them), and that I hereby authorize and appoint J. E. Bennett Land Company as my agents to sell said lands, to the exclusion of all others, with the express understanding that they shall have a commission of ten per cent, of the consideration, when cash payment is made, regardless of who effects the sale, the following price and terms to govern said…
2Cases cited5 opinions
- Willcox & Gibbs Sewing MacHine Co. v. EwingSupreme Court of the United States · 1891
- Stensgaard v. SmithSupreme Court of Minnesota · 1890
- Chambers v. SeaySupreme Court of Alabama · 1882
- Walker v. DenisonIllinois Supreme Court · 1877
- MacGregor v. GardnerSupreme Court of Iowa · 1862
3Cited by25 opinions
- Des Rivieres v. SullivanMassachusetts Supreme Judicial Court · 1924
- Partee v. PeppleMississippi Supreme Court · 1944
- Brenner v. SpiegleOhio Supreme Court · 1927
- Bretz v. Union Central Life Ins.Ohio Supreme Court · 1938
- Patton v. WilsonCourt of Appeals of Texas · 1949
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