Legal Opinion

Brackenridge v. Claridge & Payne

Texas Supreme Court

Decided March 3, 1898No. 628PublishedCited by 79 opinions

Error to the Court of Civil Appeals for the Fourth District, in an appeal from Bexar County. Claridge & Payne sued Braekenridge for commissions for negotiating a sale of land, and recovered judgment, which was affirmed on appeal by Braekenridge, who then procured writ of error.

1Opinion of the Court

GAINES, Chief Justice.

The defendant in error sued the plaintiff in error to recover commissions as real estate brokers for procuring at plaintiff-in-error’s instance a purchaser for a tract of land. They alleged in substance that Brackenridge entered into a contract with them, in which at his instance they undertook to make a sale of a large tract of land in consideration of his promise to pay them a commission of five per cent upon the purchase money, and that they procured purchasers ready, willing and able to buy the property, but that the purchase was not consummated on account of a…

2Cases cited4 opinions

  1. Clarendon Land Investment Agency Co. v. McClelland Bros.Texas Supreme Court · 1893
  2. Heffron v. PollardTexas Supreme Court · 1889
  3. Parker v. WalkerTennessee Supreme Court · 1888
  4. Von Rosenberg v. CuellarTexas Supreme Court · 1891

3Cited by79 opinions

  1. Nishimatsu Construction Co., Ltd. v. Houston National Bank, Defendant-Third Party v. Jack D. Baize, Third PartyCourt of Appeals for the Third Circuit · 1975
  2. Boyles v. McClureTexas Commission of Appeals · 1922
  3. Roberts & Corley v. McFadden, Weiss & KyleCourt of Appeals of Texas · 1903
  4. Harlington Land & Water Co. v. Houston Motor Car Co.Texas Commission of Appeals · 1919
  5. Bradford v. Magnolia Pipe Line Co.Court of Appeals of Texas · 1953

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