Garnet v. Gunn
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Assumpsit by E. E. Gunn against W. W. Garnet. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Assumpsit by E. E. Gunn against W. W. Garnet. Judgment for plaintiff, and defendant appeals. Transferred from Court of Appeals under section 6, p. 449, Acts 1911. The following are the counts of the complaint submitted to the jury: (1) Plaintiff claims of the defendant the sum of $100, with the interest thereon, for work and labor done by plaintiff for defendant on or about April, 1918, at his request, which sum of money is still unpaid. (3) Plaintiff claims of the defendant $100. with the interest thereon, for that on or about April.…
1Opinion of the CourtSayre, J.
Plaintiff, appellee, sued and had judgment for commissions alleged to have been earned in finding a purchaser for two certain lots owned by defendant in the city of Sheffield. Counts 1 and 3, framed in common and special assumpsit respectively, were submitted to the jury.
[1-4] The evidence.without dispute showed that, by the terms of the original contract between the parties, plaintiff was to be paid the sum of $100 in the event he procured a purchaser for defendant’s lot at the price of $800, and that this plaintiff failed to do. At first defendant and his vendee agreed conditionally upon a…
2Cases cited6 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- Smith v. SharpeSupreme Court of Alabama · 1909
- Anderson v. KnoxSupreme Court of Alabama · 1852
- Alexander v. SmithSupreme Court of Alabama · 1912
- Richardson v. Olanthe Milling & Elevator Co.Supreme Court of Alabama · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Owens v. Mountain States Telephone & Telegraph Co.Wyoming Supreme Court · 1936
- Ellison v. Sudduth Realty Co.Supreme Court of Alabama · 1928
- Walker v. DorsettSupreme Court of Alabama · 1930
- Applebaum v. Lawson Realty Co.Supreme Court of Alabama · 1933
- Kelton v. BakerAlabama Court of Appeals · 1951