Maples v. Morring

Appellee recovered judgment against appellant for commissions earned by one Preston as his agent in procuring an exchange of lands between appellant and one Clajr. Appellant defended on the ground that, without being apprised of Preston’s agency, he had dealt with Preston as principal; that he had the right to determine with whom he would contract; and that another could not be thrust upon him without his consent.

There is an exception in the case of executory contracts involving personal trust and confidence (Birmingham Matinee Club v. McCarty, 152 Ala. 571, 44 South. 642, 13 L. R. A. [N. S.]…