Rike v. McHugh
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by McHugh & Groom against E. G. Rike, for work and labor done.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Berney. Action by McHugh & Groom against E. G. Rike, for work and labor done. Judgment for plaintiff, and defendant appeals. ' The controversy seems to have been over the sale of a house belonging to Rike; the sale having been made through the agency of plaintiffs to one Mr. Seeberg, which fell through for some reason not disclosed by the record, but after considerable correspondence had passed between the parties, and after the papers had been delivered by Rike to one Moore. The charge complained of appears in the opinion.…
1Opinion of the CourtGardner, J.
The general rule of law is everywhere recognized to be that: “To entitle an agent or broker to commissions, he must show,that he procured a purchaser who was able and ready to comply with the terms and conditions of sale.”—Cook v. Forst, 116 Ala. 395, 22 South. 540; Birmingham v. Thompson, 86 Ala. 146, 5 South. 473; Sayre v. Wilson, 86 Ala. 151, 5 South. 157; 19 Cyc. 246; Smith v. Sharpe, 162 Ala. 439, 50 South. 381, 136 Am. St. Rep. 52.
The court charged the jury that: If “the real estate agent communicates to the owner the name of the purchaser without objection, then that, in law'-,…
2Cases cited8 opinions
- Francis v. BakerSupreme Court of Minnesota · 1890
- Kalley v. . BakerNew York Court of Appeals · 1892
- Sayre v. Wilson & IngramSupreme Court of Alabama · 1888
- Smith v. SharpeSupreme Court of Alabama · 1909
- Scully v. WilliamsonSupreme Court of Oklahoma · 1910
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Reliance Life Ins. Co. v. RussellSupreme Court of Alabama · 1922
- Ex Parte EdmundsSupreme Court of Alabama · 1919
- Overton v. HarrisonSupreme Court of Alabama · 1922
- Clemons v. StateAlabama Court of Appeals · 1920
- Hulsey v. M. C. Kiser Co.Alabama Court of Appeals · 1925
2 more not listed; retrieve them via the Exa API.