Worthington v. McGarry
Supreme Court of Alabama
Appeal from Colbert Circuit Court. Heard before Hon. E. B. Almon. Action by A. J.- McGarry against J. W. Worthington. Judgment for plaintiff, and defendant appeals.
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Appeal from Colbert Circuit Court. Heard before Hon. E. B. Almon. Action by A. J.- McGarry against J. W. Worthington. Judgment for plaintiff, and defendant appeals. The contract made the basis of the second count is as follows: “Florence, Ala., April 2, 1898. It being desirable that they co-operate in the- matter of securing certain option leases, etc., on certain ore lands in the state of Tennessee, it is therefore, for value received from each by each, agreed between J. W. Worthington and A. J. McGarry, parties to this agreement, as follows: If the said McGarry shall, by himself, or in…
1Opinion of the Court
TYSON, C. J. —
This is an action by the appellee against the appellant to recover for services rendered in procuring an option for the purchase of certain property. The complaint contain» two counts. The first on an account stated; but, as no proof was offered in support of this count, it may he disregarded. The other count is on a written contract, under and by which the. defendant agreed to pay plaintiff $2,500 if the plaintiff should secure for him options on two properties mentioned (certain ore lands and the majority of the stock in a corporation named) “at a price that the said…
2Cases cited3 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Anvil Mining Co. v. HumbleSupreme Court of the United States · 1894
- The Eliza LinesSupreme Court of the United States · 1905
3Cited by12 opinions
- Poinsettia Dairy Products, Inc. v. the Wessel Co.Supreme Court of Florida · 1936
- Bailey v. PadgettSupreme Court of Alabama · 1915
- Cronin v. American Securities Co.Supreme Court of Alabama · 1909
- Thomas v. SmootAlabama Court of Appeals · 1911
- Carbon Hill Coal Co. v. CunninghamSupreme Court of Alabama · 1907
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