Dancy v. Baker
Supreme Court of Alabama
Appeal from Circuit Court, Morgan County; Horace C. Wilkinson, Judge. Action by T. L. Baker against Mary Lou Dancy and another in assumpsit. Judgment for plaintiff, and defendants appeal.
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Appeal from Circuit Court, Morgan County; Horace C. Wilkinson, Judge. Action by T. L. Baker against Mary Lou Dancy and another in assumpsit. Judgment for plaintiff, and defendants appeal. In 1912 by a written contract plaintiff was authorized by defendants to find a purchaser for their land at the price of $100,000. After the expiration of the contract, which ran for one year, defendants priced their land at $150,000, and, according to plaintiff’s testimony, he-was verbally authorized to find a purchaser at that price, and took several prospectors out to look at the land and in 1915 he…
1Opinion of the CourtSomerville, J.
[1] In Stevens v. Bailey, 149 Ala. 256, 42 South. 740, it was said:
“No one, it would seem, on sound principle, has the legal right to charge another for services rendered, unless he had been employed by that other, by contract, express or implied, that he would compensate him therefor.”
Under the evidence before the trial court, it is clear that the jury would have been warranted in finding that defendants agreed with plaintiff, in September, 1917, to pay him a commission of 5 per cent., or at least a reasonable commission, for finding and producing a purchaser for their land who would be…
2Cases cited15 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- Childs v. PtomeyMontana Supreme Court · 1896
- Smith v. SharpeSupreme Court of Alabama · 1909
- Henderson v. VincentSupreme Court of Alabama · 1887
- McArthur v. SlausonWisconsin Supreme Court · 1881
10 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Taylor v. DorseySupreme Court of Florida · 1944
- Estes v. MoylanSupreme Court of Florida · 1957
- Webb v. RenfrowSupreme Court of Alabama · 1984
- Mellos v. SilvermanSupreme Court of Alabama · 1979
- Architectura, Inc. v. MillerCourt of Civil Appeals of Alabama · 2000
13 more not listed; retrieve them via the Exa API.