Finney v. Newson
Supreme Court of Alabama
Appeal from Circuit Court, Madison County; Robert C. Brickell, Judge. Assumpsit by A. W. Newson against D. C. Finney. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Madison County; Robert C. Brickell, Judge. Assumpsit by A. W. Newson against D. C. Finney. Judgment for plaintiff, and defendant appeals. Defendant asked W. E. Wood the following questions: (1) “What did Mr. Finney tell you about canceling the trade?” (2) “When you failed to pay the $10,000 according to this paper, what did Mr. Finney tell you?” The following are the charges given for the plaintiff: (3) I charge you that to be the procuring cause of the sale it would not be necessary that the plaintiff himself had concluded all the negotiations culminating in the…
1Opinion of the CourtMcCLELLAN, J.
[1] Action by real estate agent or .broker (appellee) to recover of the owner (vendor) commissions for services in reference to the sale of land. To state his case the plaintiff employed the common counts and two counts (5 and 6) declaring on a special contract. Since the plaintiff’s recovery, if he was so entitled, may be referred to the common counts, either because he had fully performed the contract or on a quantum meruit, the action of the court in overruling the defendant’s demurrers to counts 5 and 6 was in any event without prejudice to defendant. Kellar v. Jones, 196 Ala. 417, 420,…
2Cases cited8 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- Smith v. SharpeSupreme Court of Alabama · 1909
- Birmingham Land & Loan Co. v. ThompsonSupreme Court of Alabama · 1888
- Kellar v. Jones & WeedenSupreme Court of Alabama · 1916
- Barnes v. MarshallSupreme Court of Alabama · 1915
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Leith v. StateSupreme Court of Alabama · 1921
- Mobile & O. R. Co. v. WatsonSupreme Court of Alabama · 1930
- De Briere v. Yeend Bros. Realty Co.Supreme Court of Alabama · 1920
- White v. JacksonAlabama Court of Appeals · 1953
- Nellis v. AllenSupreme Court of Alabama · 1958
9 more not listed; retrieve them via the Exa API.