Crews v. HERMAN MAISEL AND CO., INC.

This case involves a suit for specific performance of a land sale contract. The plaintiff, Thomas C. Crews, owned a parcel of land in Montgomery. He listed the property for sale with Commercial Properties, a real estate agency owned by Don Bryant. In December 1984, Bryant entered into negotiations with Dan Elcan, a real estate agent working for Herman Maisel and Company, Inc. ("Maisel"), of Mobile, regarding the purchase of the land owned by Crews. The primary issue at trial was whether Elcan was acting as an agent for Maisel or for Rex Radio and Television ("Rex"), a prospective purchaser,…