Green v. Southern States Lumber Co.
Supreme Court of Alabama
Appeal from Baldwin Circuit Court. Heard before Hon. Samuel B. Browne. Action .by John M. Green against the Southern States Lumber Company, to recover his commission as a real estate broker for effecting a sale of land.
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Appeal from Baldwin Circuit Court. Heard before Hon. Samuel B. Browne. Action .by John M. Green against the Southern States Lumber Company, to recover his commission as a real estate broker for effecting a sale of land. Judgment for" defendant and plaintiff appeals. -Where the defense is a subject matter of special plea, and cannot be availed of under the general issue, the defendant can defeat the plaintiff’s action only by proof 'of the defense pleaded, and not by proof of some other defense of a similar nature which has not been pleaded. — Southern By. Co. v. Shelton, 136 Ala. 210. It has…
1Opinion of the CourtMcCLELLAN, J.
This case, in general outline, may be found stated in its report on former appeal.—Green v. Southern States Lumber Co., 141 Ala. 680, 37 South. 670.
The trial was had on counts 1, 2, and 3, the last added by amendment. The first rests the right to recover compensation — commissions—for services in respect of the sale of lands in Baldwin county, alleging, in ex-tenso, the agreement to pay 10 per cent, commissions, and concluding to the effect, within the agreement, that plaintiff (appellant) obtained Jones and Foley as purchasers of the land. The second is the common count for work and labor…
2Cases cited13 opinions
- Murray v. . BeardNew York Court of Appeals · 1886
- Rice v. WoodMassachusetts Supreme Judicial Court · 1873
- Scribner v. CollarMichigan Supreme Court · 1879
- Rice v. Davis, Pennsylvania Court of Common Pleas, Luzerne County1890
- Bollman v. LoomisSupreme Court of Connecticut · 1874
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3Cited by15 opinions
- Glenn v. RiceCalifornia Supreme Court · 1917
- Lawrenceburg Roller Mills Co. v. Chas. A. Jones & Co.Supreme Court of Alabama · 1920
- Wilson Bros. v. Mobile O. R. Co.Supreme Court of Alabama · 1922
- FIRST SOUTHERN FEDERAL SAV. & LOAN ASS'N OF MOBILE v. NicrosiSupreme Court of Alabama · 1976
- Finney v. LongSupreme Court of Alabama · 1927
10 more not listed; retrieve them via the Exa API.