Jenny v. Smith-Powell Realty Co.
Mississippi Supreme Court
Appeal from chancery court of Noxubee county. Hon. T. P. Guyton, Chancellor. Suit by the Smith-Powell Realty Company against L. M. Jenny. A demurrer to the bill ivas overruled, and the defendant appeals. This is purely a suit for real estate agent’s commissions for the making of the sale of land or for presenting a purchaser for the land.
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Appeal from chancery court of Noxubee county. Hon. T. P. Guyton, Chancellor. Suit by the Smith-Powell Realty Company against L. M. Jenny. A demurrer to the bill ivas overruled, and the defendant appeals. This is purely a suit for real estate agent’s commissions for the making of the sale of land or for presenting a purchaser for the land. We submit that is not sufficient to show or the bill to allege that they furnished a man who would likely buy from an owner who wanted to sell but it must be made to appear that the parties were tied up to the trade in such a manner to make the agreement…
1Opinion of the CourtSykes, J.
The appellees as real estate agents brought suit by attachment in the chancery court for the recovery of two thousand dollars, a commission claimed to be due them bv the defendant under a contract whereby they were em*614ployed to sell a plantation, belonging to the defendant. A demurrer was interposed to the bill, overruled by the chancellor, and this appeal is here prosecuted to settle the principles of the-cause.
The material averments of the bill, briefly stated, are as follows: It alleges the execution of a written option contract for the sale of these lands and the personal property, which…
2Cases cited1 opinion
- Johnson v. SuttonMississippi Supreme Court · 1909
3Cited by7 opinions
- Partee v. PeppleMississippi Supreme Court · 1944
- Case v. HarrisonMississippi Supreme Court · 1942
- Lynn B. Jefcoat v. Singer Housing Company D/B/A the Mitchell Co.Court of Appeals for the Fifth Circuit · 1980
- Roell v. OffuttMississippi Supreme Court · 1925
- Ladner v. HarshMississippi Supreme Court · 1960
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