Legal Opinion

Overshiner v. Palmer

Court of Appeals of Texas

Decided March 29, 1916No. 950PublishedCited by 5 opinions

Appeal from Hemphill County Court; J. L. Jennings, Judge. Action by W. A. Palmer against A. C. Over-shiner. Judgment for the plaintiff, and defendant appeals.

1Opinion of the Court

Palmer, the appellee, sued Overshiner, the appellant, for real estate commissions, alleged to have accrued by virtue of an express contract for the payment of 5 per cent. on account of the sale of 800 acres of land, as Overshiner's agent.

In certain preliminary negotiations between appellant and appellee, Overshiner priced 640 acres of the land at $12.50 per acre, and 160 acres of the land at $15 per acre, with a further reduction at a subsequent date to $11 per acre, for 640 acres, and $12.50 for the 160-acre tract. In the first reduction of price Overshiner stipulated that Palmer's…

2Cases cited7 opinions

  1. Phoenix Lumber Co. v. Houston Water Co.Texas Supreme Court · 1901
  2. Gammage v. AlexanderTexas Supreme Court · 1855
  3. Allen v. J. A. Clopton Realty Co.Court of Appeals of Texas · 1911
  4. Wolverton v. TuttleOregon Supreme Court · 1908
  5. Turnley v. MichaelCourt of Appeals of Texas · 1891

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

3Cited by5 opinions

  1. Holley v. HooperCourt of Appeals of Texas · 1947
  2. Coldicott v. W. C. & A. N. Miller Development Co.District of Columbia Court of Appeals · 1946
  3. Hamilton v. Stekoll Petroleum Co.Court of Appeals of Texas · 1952
  4. Hope v. ShirleyCourt of Appeals of Texas · 1919
  5. Langer v. AycockCourt of Appeals of Texas · 1919

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