Birmingham Land & Loan Co. v. Thompson
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by N. E. Thompson, against the appellant, a private corporation, and was commenced on the 4th October, 1887. The complaint contained a common count for work and labor done, and a special count, which claimed $150 as commissions, or compensation agreed to be paid by defendant to plaintiff, for effecting a sale of a certain lot in Birmingham; alleging that plaintiff did…
Read the full summary
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. This action was brought by N. E. Thompson, against the appellant, a private corporation, and was commenced on the 4th October, 1887. The complaint contained a common count for work and labor done, and a special count, which claimed $150 as commissions, or compensation agreed to be paid by defendant to plaintiff, for effecting a sale of a certain lot in Birmingham; alleging that plaintiff did procure a purchaser who was able, ready and willing to buy on the specified terms, and that defendant accepted him as a…
1Opinion of the CourtStone, C. J.
The undisputed facts in this case are as follows:
On January 3, 1887, the appellant corporation, through its president, engaged the appellee, a real-estate broker, to sell a certain lot in the city of Birmingham, upon the agreement that, if the appellee sold the lot during that day, at a specified price, the appellant would pay him, as commissions, the sum of one hundred and fifty dollars. On the afternoon of the same day — January 3, 1887 — the appellee, Thompson, negotiated with one Painter for the sale of the said lot, at the stipulated price and terms; and carried Painter, the proposed…
2Cases cited11 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Coleman's Ex'r v. MeadeCourt of Appeals of Kentucky · 1877
- Kock v. EmmerlingSupreme Court of the United States · 1860
- Glentworth v. LutherNew York Supreme Court · 1855
- Knapp v. . WallaceNew York Court of Appeals · 1869
6 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- Corry v. Sylvia y CiaSupreme Court of Alabama · 1915
- Morgan v. Whatley & WhatleySupreme Court of Alabama · 1920
- Marx v. LiningSupreme Court of Alabama · 1935
- McLaughlin v. WheelerSouth Dakota Supreme Court · 1891
25 more not listed; retrieve them via the Exa API.