Cofield v. McGraw & Garner
Alabama Court of Appeals
Appeal from Circuit Court, Franklin County; O. P. Almon, Judge. Action by McGraw & Garner, a partnership, against J. W. Cofield, in assumpsit. Judgment for plaintiff, and defendant appeals. The first count claims of defendant $62.40 due from him by account on or about September 14, 1916, for services rendered, defendant by plaintiff as real estate agents, which is just, due, and unpaid.
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Appeal from Circuit Court, Franklin County; O. P. Almon, Judge. Action by McGraw & Garner, a partnership, against J. W. Cofield, in assumpsit. Judgment for plaintiff, and defendant appeals. The first count claims of defendant $62.40 due from him by account on or about September 14, 1916, for services rendered, defendant by plaintiff as real estate agents, which is just, due, and unpaid. (2) Plaintiff claims of defendant the sum of $62.40, damages for the breach of a contract entered into by him on July 24, 1916, in substance as follows: Plaintiff agreed in said contract to obtain or arrange a…
1Opinion of the CourtBrown, P. J.
On the principles announced in the following cases, the demurrers to the complaint were properly overruled: Stout v. Thornhill, 79 South. 154; Birmingham L. & L. Co. v. Thompson, 86 Ala. 146, 5 South. 473; Handley v. Shaffer, 177 Ala. 636, 59 South. 286; Bailey v. Padgett, 195 Ala. 203, 70 South. 637; Barnes v. Marshall, 193 Ala. 94, 69 South. 437; Kellar v. Jones 6 Weeden, 196 Ala. 417, 72 South. 90.
[1 -3] The fact that the defendant could not convey the lands he employed the plaintiffs to sell without the voluntary signature and assent of his wife certainly does .not avoid the defendant’s…
2Cases cited9 opinions
- Hackett v. CashSupreme Court of Alabama · 1916
- Handley v. ShafferSupreme Court of Alabama · 1912
- Birmingham Land & Loan Co. v. ThompsonSupreme Court of Alabama · 1888
- Hatfield v. RileySupreme Court of Alabama · 1916
- Veid v. RobertsSupreme Court of Alabama · 1917
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Morgan v. Whatley & WhatleySupreme Court of Alabama · 1920
- Ben Cheeseman Realty Co. v. ThompsonSupreme Court of Alabama · 1927
- Guillotte v. Pope & Quint, Inc.Court of Civil Appeals of Alabama · 1977
- Matthews Bros. v. BerniusLouisiana Court of Appeal · 1929
- C. Buck Bush Realty Co. v. WhetstoneMississippi Supreme Court · 1972
3 more not listed; retrieve them via the Exa API.