Kellar v. Jones & Weeden
Supreme Court of Alabama
Appeal from Madison Circuit Court. Heard before Hon. D. W. Speake. Assumpsit by Jones & Weeden against W. M. Keller. Judgment for plaintiffs, and defendant appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. The facts and pleading sufficiently appear.
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Appeal from Madison Circuit Court. Heard before Hon. D. W. Speake. Assumpsit by Jones & Weeden against W. M. Keller. Judgment for plaintiffs, and defendant appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. The facts and pleading sufficiently appear. The following charges were refused to defendant: (8) Unless you are reasonably satisfied from the evidence that plaintiffs procured from Adkins a bona fide offer of $6,000 for defendant’s land, plaintiff cannot recover. (12) I charge you that the allegations in the complaint that plaintiffs secured an offer of $6,000…
1Opinion of the CourtGardner, J.
Suit by appellees against appellant for the recovery of compensation for services rendered as real estate agents in the sale of a farm owned by the appellant. The cause proceeded to trial upon the common counts, for work and labor done, etc., and count 7 as amended, which declared upon a special contract. This latter count shows a written contract, signed by the defendant, giving to the plaintiffs the exclusive agency for the sale of the farm, naming the price, fixing the commission at 5 per cent, and reserving the right to terminate the agency at any time on 30 days’ notice in writing, and…
2Cases cited5 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- Councill v. MayhewSupreme Court of Alabama · 1911
- Smith v. SharpeSupreme Court of Alabama · 1909
- Glenn v. StateSupreme Court of Alabama · 1908
- Hutto v. StoughSupreme Court of Alabama · 1908
3Cited by11 opinions
- Finney v. NewsonSupreme Court of Alabama · 1919
- Ex Parte E. C. Payne Lumber Co.Supreme Court of Alabama · 1920
- Overton v. HarrisonSupreme Court of Alabama · 1922
- Cofield v. McGraw & GarnerAlabama Court of Appeals · 1918
- Ellison v. Sudduth Realty Co.Supreme Court of Alabama · 1928
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