Morgan v. Whatley & Whatley
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; John C. Pugh, Judge. Action by Whatley & Whatley, a partnership,. composed of G. C. and E. C. Whatley, and S. P. Spurgeon, against W. B. Morgan, for commission on the sale or exchange of real estate. Judgment for plaintiffs, and defendant appeals.
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Appeal from Circuit Court, Jefferson County; John C. Pugh, Judge. Action by Whatley & Whatley, a partnership,. composed of G. C. and E. C. Whatley, and S. P. Spurgeon, against W. B. Morgan, for commission on the sale or exchange of real estate. Judgment for plaintiffs, and defendant appeals. An exchange of lots between W. B. Morgan and T. G. Berentz was arranged through the agency of Whatley & Whatley, with knowledge both of Morgan and Berentz that Whatley & Whatley were acting for each in the matter. The agreement was perfected and signed by both Berentz and Morgan, and Berentz was ready,…
1DissentSomerville, J.
In Sunflower Lbr. Co. v. Turner Sup. Co., 158 Ala. 191, 48 South. 510, 132 Am. St. Rep. 20, holding that contracts made in the course of conducting a business, without the license required by law, were valid and enforceable, the court was dealing with a statute (Code, § 2361) which provided merely that “licenses are required of all persons engaged in or carrying on any business,” etc., and the correctness of the conclusion is unquestionable.
The language of our Revenue Act of 1915, which is repeated in the act of 1919 (Gen. Acts 1919, p. 395), expressly prohibits the carrying on of the…
2Cases cited7 opinions
- Sunflower Lumber Co. v. Turner Supply Co.Supreme Court of Alabama · 1909
- Porter & Co. v. StateSupreme Court of Alabama · 1877
- Abhau v.GrassieIllinois Supreme Court · 1914
- Mays v. WilliamsSupreme Court of Alabama · 1855
- Edisto Phosphate Co. v. StandfordSupreme Court of Alabama · 1895
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