Sayre v. Wilson & Ingram
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Wilson & Ingram, partners in business as real-estate brokers and agents in Birmingham, against Calvin L. Sayre, claiming $250, “with interest thereon from June 1st, 1886, for negotiating the sale of two lots in the city of Birmingham, now or lately belonging to defendant; one being on Eifth Avenue in said city, sold by plaintiffs for defendant, at his request, on or…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by Wilson & Ingram, partners in business as real-estate brokers and agents in Birmingham, against Calvin L. Sayre, claiming $250, “with interest thereon from June 1st, 1886, for negotiating the sale of two lots in the city of Birmingham, now or lately belonging to defendant; one being on Eifth Avenue in said city, sold by plaintiffs for defendant, at his request, on or about March 27th, to W. D. & C. H. Mills; and the other on Sixth Avenue, sold by plaintiffs for defendant, on or about…
1Opinion of the CourtSomerville, J.
A broker who is employed to sell property on commission, earns his compensation, when he has been the efficient agent in procuring a satisfactory purchaser who is able, ready and willing to buy the property, on the terms fixed by the owner. And if the sale is not consummated, by reason of the owner’s fault, this fact is no bar to the recovery of commissions.' — Chambers v. Seay, 73 Ala. 372; Henderson v. Vincent, 84 Ala. 99; Vinton v. Baldwin, 45 Amer. Rep. 447; McClave v. Paine, 10 Amer. Rep. 431. If an unsatisfactory purchaser is found — one who is not able or ready or willing to accept and…
2Cases cited5 opinions
- Henderson v. VincentSupreme Court of Alabama · 1887
- Chambers v. SeaySupreme Court of Alabama · 1882
- West v. Kelly's Ex'rsSupreme Court of Alabama · 1851
- Huckabee v. ShepherdSupreme Court of Alabama · 1883
- Oliver v. Ala. Gold Life InsuranceSupreme Court of Alabama · 1886
3Cited by35 opinions
- Handley v. ShafferSupreme Court of Alabama · 1912
- Booth v. MoodyOregon Supreme Court · 1896
- Erswell v. FordSupreme Court of Alabama · 1922
- Morgan v. Whatley & WhatleySupreme Court of Alabama · 1920
- Marx v. LiningSupreme Court of Alabama · 1935
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