Stevens v. Bailey & Howard
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. This was an action by Bailey & Howard against Stevens to recover commissions as brokers in the sale of certain real estate. The averments of the counts in the complaint .are sufficiently stated in the opinion.
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Appeal from Birmingham City Court. Heard before Hon. Charles A. Senn. This was an action by Bailey & Howard against Stevens to recover commissions as brokers in the sale of certain real estate. The averments of the counts in the complaint .are sufficiently stated in the opinion. The demurrers being overruled to the counts, the defendants filed three pleas of the general issue and the following special pleas: 4. And for further answer thereto, defendant says that being importuned by plaintiff, lie expressed a willingness to accept $8,000 for the property, hut that he expressly refused and…
1Opinion of the Court
HARALSON, J. —
The first and second were the common counts, — the first claiming $250.0 due by account made by defendant with the plaintiff on the 7th of February, 1899; and the second for a like amount for work and labor done by plaintiff for the defendant at his request, on the 7th of February, 1899.
The third urns for the áame amount, with interest, setting up that on the 7th of February, “the defendant employed the plaintiffs who were real estate agents doing business in the city of Birmingham, Alabama, to obtain for him a'purchaser for a certain piece of. property * * in said city, and…
2Cases cited3 opinions
- Sayre v. Wilson & IngramSupreme Court of Alabama · 1888
- Birmingham Land & Loan Co. v. ThompsonSupreme Court of Alabama · 1888
- Viley v. PettitCourt of Appeals of Kentucky · 1895
3Cited by11 opinions
- Dancy v. BakerSupreme Court of Alabama · 1921
- Bailey v. PadgettSupreme Court of Alabama · 1915
- Penney v. SpeakeSupreme Court of Alabama · 1951
- Minto v. MooreAlabama Court of Appeals · 1911
- Overton v. HarrisonSupreme Court of Alabama · 1922
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