Zirkle v. Hendon
Supreme Court of Alabama
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Bill by C. G. Zirkle, and another, against T. S. Hen-don, and another, to enforce a vendor’s lien for commission for the sale of land. From a decree sustaining-demurrers to the bill complainants appeal.
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Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Bill by C. G. Zirkle, and another, against T. S. Hen-don, and another, to enforce a vendor’s lien for commission for the sale of land. From a decree sustaining-demurrers to the bill complainants appeal. One ought not in equity and good conscience to keep the estate of another without paying the consideration money. — Wilkinson v. May, 69 Ala. 33; Carver v. Eads, 65 Ala. 109; Waller v. Janney, 102 Ala. 443; McCrory v. Guyton, 154 Ala. 355. The court therefore erred in sustaining the demurrers to the bill. The demurrers…
1Opinion of the CourtDowdell, C. J.
This bill is for the enforcement of a vendor’s lien on land. The land in question was the property of the Lost Creek Coal & Mineral Land Company, a corporation. By a contract' and agreement with the said company, the appellants, Zirkle and Moore, effected a sale of the land to the appellee Hen-don, at and for the purchase price of $20 per acre. The appellants were to be paid $5 per acre for their services in effecting the sale. It was understood and agreed by and between all of the parties, the coal company, the appellants, and the purchaser Hendon, that Hendon should pay, of the purchase…
2Cases cited4 opinions
- Carver v. EadsSupreme Court of Alabama · 1880
- Wilkinson v. MaySupreme Court of Alabama · 1881
- McCrory v. GuytonSupreme Court of Alabama · 1908
- Waller v. JanneySupreme Court of Alabama · 1893
3Cited by10 opinions
- Jacobs v. Goodwater Graphite Co.Supreme Court of Alabama · 1920
- Moss v. SperrySupreme Court of Florida · 1939
- Olsen v. KidmanUtah Supreme Court · 1951
- Planters' Warehouse & Commission Co. v. BarnesSupreme Court of Alabama · 1934
- Moore v. AltomSupreme Court of Alabama · 1915
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