Peyton v. Apex Realty Co.

While the bill of exceptions recites that it contains all the evidence, it affirmatively appears that several written documents were introduced in evidence, but which have" been omitted from the record, and these instruments may have justified the trial court in giving the general charge for the plaintiff. Brown v. Sutton, 210 Ala. 245, 97 So. 738. Especially is there foundation for such a presumption from the contract of purchase between the appellant and the purchaser of the property, and which may have provided that appellant was to pay the broker’s commission, and which seems to be borne…