Chambers v. Seay
Supreme Court of Alabama
Appeal from the Circuit Court of Talladega. Tried before the Hon. Leroy E. Box. This action was brought by George W. Chambers against John L. Seay, and was commenced on the 24th March, 1880. The plaintiff sought to recover, under the complaint as amended, the reasonable value of services rendered by him, as agent and attorney in fact for defendant, under a written contract by which defendant authorized him to sell a tract of land, his compensation to he “an undivided…
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Appeal from the Circuit Court of Talladega. Tried before the Hon. Leroy E. Box. This action was brought by George W. Chambers against John L. Seay, and was commenced on the 24th March, 1880. The plaintiff sought to recover, under the complaint as amended, the reasonable value of services rendered by him, as agent and attorney in fact for defendant, under a written contract by which defendant authorized him to sell a tract of land, his compensation to he “an undivided one-fourth interest in the proceeds of sale.” The defendant revoked the agency in January, 1880, and soon afterwards himself…
1Opinion of the CourtMcCLELLAN, J.
The first three counts of the complaint are in assumpsit, claiming for money due by account, for-money paid at the request of the defendant, and for work and labor done for the defendant, respectively. The original fourth count, and the fifth and sixth, respectively, claim damages for a breach of duty on the part of the defendant, the alleged duty being imposed by the .written contract, which is set out, and each of these counts is essentially in case. —Myers v. Gilbert, 18 Ala. 467; Whilden v. M. & P. Nat. Bank, 64 Ala. 1. The sixth and seventh assignments of demurrer, taken to the…
2Cases cited3 opinions
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
- Myers v. GilbertSupreme Court of Alabama · 1850
- Daniel v. StoughSupreme Court of Alabama · 1882
3Cited by7 opinions
- Buckner v. Goodyear Tire and Rubber CompanyDistrict Court, N.D. Alabama · 1972
- Western Union Telegraph Co. v. KrichbaumSupreme Court of Alabama · 1902
- Caldwell v. Alabama Dry Dock & Shipbuilding Co.Court of Appeals for the Fifth Circuit · 1947
- Capital City Water Co. v. City Council of MontgomerySupreme Court of Alabama · 1890
- Brooks v. RomanoSupreme Court of Alabama · 1906
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