Green & Co. v. Brady
Supreme Court of Alabama
Assumpsit. Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Ignatius Green against P. F. Brady. From a judgment, for defendant, plaintiff appeals. This was an action in assumpsit to recover commission for the sale of real estate. The first count was for work and labor done; the second, for services rendered in the sale of certain property in Tuscaloosa; and the third, damages for the breach of an agreement in reference to the sale of property.
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Assumpsit. Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Ignatius Green against P. F. Brady. From a judgment, for defendant, plaintiff appeals. This was an action in assumpsit to recover commission for the sale of real estate. The first count was for work and labor done; the second, for services rendered in the sale of certain property in Tuscaloosa; and the third, damages for the breach of an agreement in reference to the sale of property. The defense interposed was that the sale was made independent of Green, the plaintiff, and at- a personal visit made by…
1Opinion of the CourtAnderson, J.
The trial court erred in permitting the defendant to testify that Leland told him the plaintiff had tried to sell him the property at a profit. Whether this was good evidence agains Green or not, it was clearly not proper to prove it in such a remote and indirect way. Nor should the witness Leland have been permitted to testify as to what was said and done between him and Mrs. Brady after he got to Mobile.
There was no evidence to support counts 1 and 2; but, conceding that' the plaintiff proved the third count, the sufficiency of which said count we do not determine, and was entitled to the…
2Cited by3 opinions
- Thompson v. Alexander City Cotton Mills Co.Supreme Court of Alabama · 1914
- Wellden v. RobertsSupreme Court of Alabama · 1953
- Denver Auto Goods Co. v. Peerless Radiator Co.Supreme Court of Colorado · 1917