Hughes v. Daniel
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. Joi-in H. Miller. William H. Daniel sued R. J. Hughes for commissions •alleged to be due him on a sale of real estate. Judgment for plaintiff and defendant appeals. Evidence of an offer to compromise is never admissible.—Gibbs v. Wright, 14 Ala. 466; Matthews v. Farrell, 140 Ala. 298; Zimmerman M. Co. v. Dunn, 151 Ala. 435; Cronin v. Amer.
Read the full summary
Appeal from Birmingham City Court. Heard before Hon. Joi-in H. Miller. William H. Daniel sued R. J. Hughes for commissions •alleged to be due him on a sale of real estate. Judgment for plaintiff and defendant appeals. Evidence of an offer to compromise is never admissible.—Gibbs v. Wright, 14 Ala. 466; Matthews v. Farrell, 140 Ala. 298; Zimmerman M. Co. v. Dunn, 151 Ala. 435; Cronin v. Amer. Sec. Go., 163 Ala. 533. Before a" broker is entitled to his commissions he must find a purchaser ready, able and willing to take the property on the terms prescribed bjr the contract.—Orosthwaite v.…
1Opinion of the CourtSayre, J.
In this case plaintiff (appellee) brought suit against defendant (appellant) to recover commissions alleged to have been earned in and about the sale of a tract of land owned by defendant in the neighborhood of the city of Birmingham. After due examination of the evidence, we are clear to the conclusion that plaintiff was not entitled to recover on any aspect of the case, and that, defendant having omitted a request for the general charge in proper form, the verdict should have been set aside on defendant’s motion for a new trial. We will not undertake to state the evidence in detail, but…
2Cases cited7 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- Alexander v. SmithSupreme Court of Alabama · 1912
- Matthews v. FarrellSupreme Court of Alabama · 1903
- Cronin v. American Securities Co.Supreme Court of Alabama · 1909
- Williams v. StateSupreme Court of Alabama · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- McAllister Hotel v. PorteSupreme Court of Florida · 1957
- McCloskey & Co. v. EckartCourt of Appeals for the Fifth Circuit · 1947
- Hester v. FordSupreme Court of Alabama · 1930
- Gulf Trading Co. v. RadcliffSupreme Court of Alabama · 1927
- Hereford v. StateCourt of Criminal Appeals of Alabama · 1992
14 more not listed; retrieve them via the Exa API.