Morgan v. Whatley & Whatley
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; John C. Pugh, Judge. Action by Whatley & Whatley, a partnership,. composed of G. C. and E. C. Whatley, and S. P. Spurgeon, against W. B. Morgan, for commission on the sale or exchange of real estate. Judgment for plaintiffs, and defendant appeals.
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Appeal from Circuit Court, Jefferson County; John C. Pugh, Judge. Action by Whatley & Whatley, a partnership,. composed of G. C. and E. C. Whatley, and S. P. Spurgeon, against W. B. Morgan, for commission on the sale or exchange of real estate. Judgment for plaintiffs, and defendant appeals. An exchange of lots between W. B. Morgan and T. G. Berentz was arranged through the agency of Whatley & Whatley, with knowledge both of Morgan and Berentz that Whatley & Whatley were acting for each in the matter. The agreement was perfected and signed by both Berentz and Morgan, and Berentz was ready,…
1Opinion of the CourtSomerville, J.
[1] The evidence on the main issues of fact in this case is in sharp dispute, but we think the trial court was warranted in finding: (1) That though Whatley & Whatley) primarily represented the defendant Morgan, and Spurgeon primarily represented the other trader, Berentz, yet both firms of brokers were jointly employed by both parties to effect the real estate trade proposed by Morgan; and hence the Whatleys and Spurgeon are properly joined as parties plaintiff. (2) That each party knew that his own broker was acting in this matter in a dual capacity, and would receive a part of his…
2Cases cited16 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- Sunflower Lumber Co. v. Turner Supply Co.Supreme Court of Alabama · 1909
- Sayre v. Wilson & IngramSupreme Court of Alabama · 1888
- Smith v. SharpeSupreme Court of Alabama · 1909
- Birmingham Land & Loan Co. v. ThompsonSupreme Court of Alabama · 1888
11 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Calkins v. F. W. Woolworth Co.Court of Appeals for the Eighth Circuit · 1928
- Knight v. WatsonSupreme Court of Alabama · 1930
- Patterson v. . R. R.Supreme Court of North Carolina · 1938
- Bankers & Shippers Ins. Co. of NY v. BlackwellSupreme Court of Alabama · 1951
- Tanner Associates, Inc. v. CiraldoSupreme Court of New Jersey · 1960
22 more not listed; retrieve them via the Exa API.