Legal Opinion

Ingram Land Co. v. Tubb

Alabama Court of Appeals

Decided April 12, 1921No. 6 Div. 781Published

Appeal from Circuit Court, Jefferson County; Horace C. Wilkinson, Judge. Action by tbe Ingram Land Company against Mrs. Viola G. Tubb for commissions on tbe sale of real, estate. There was judgment for plaintiff, which on motion of defendant was set aside, and new trial ordered, and from this later order plaintiff appeals.

Read the full summary

Appeal from Circuit Court, Jefferson County; Horace C. Wilkinson, Judge. Action by tbe Ingram Land Company against Mrs. Viola G. Tubb for commissions on tbe sale of real, estate. There was judgment for plaintiff, which on motion of defendant was set aside, and new trial ordered, and from this later order plaintiff appeals. Counsel discuss tbe legal propositions involved upon tbe original trial, with tbe insistence that under the authorities therein cited the court was in error in granting the new trial; but lie does not discuss tbe propositions decided in the opinion. Court erred in giving…

1Opinion of the CourtMerritt, J.

[1] The appellant, Ingram Land Company, recovered a judgment against the appellee, Mrs. Viola G. Tubb, which judgment upon motion of the appellee, was set aside, and a new trial granted. The present appeal is prosecuted from the order of the court granting a new trial. The assignment of error is that the court erred in setting aside the verdict of the jury and the judgment of' the court. The cause of action was to recover commissions on the sale of property, claimed to be due under a contract alleged to have been executed by the appellee to the appellant. The order made on the motion for a…

2Cases cited9 opinions

  1. John v. Birmingham Realty Co.Supreme Court of Alabama · 1911
  2. Smith v. Tombigbee & Northern Ry. Co.Supreme Court of Alabama · 1904
  3. Armour & Co. v. Alabama Power Co.Alabama Court of Appeals · 1919
  4. Birmingham Railway, Light & Power Co. v. CampAlabama Court of Appeals · 1911
  5. Peyton v. LewisAlabama Court of Appeals · 1914

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API