Holland v. Howard Bros.
Supreme Court of Alabama
Appeal from the Circuit Court of Lauderdale. Tried before the Hon. H. C. Speake. This was an action brought on January 31, 1890," by the appellees, Howard Brothers, against the appellant, John Holland, to recover compensation for services alleged to have been rendered by plaintiffs to defendant in the negotiation of a sale of a certain tract of land.
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Appeal from the Circuit Court of Lauderdale. Tried before the Hon. H. C. Speake. This was an action brought on January 31, 1890," by the appellees, Howard Brothers, against the appellant, John Holland, to recover compensation for services alleged to have been rendered by plaintiffs to defendant in the negotiation of a sale of a certain tract of land. Upon the overruling of defendant’s demurrer to the complaint, the defendant pleaded the general issue, and issue was joined thereon. The plaintiffs testified in their own behalf that on June 20, 1889, the defendant gave to them written authority…
1Opinion of the Court
COLEMAN, J
The appellees, Howard Bros., commenced this action to recover compensation for services rendered as real estate agents in procuring- a purchaser of a farm belonging to the defendant. The first and third counts are based upon an agreement to pay for certain services to be rendered by the plaintiffs. The second and fourth counts are in the ordinary form for services rendered.
A demurrer to a complaint as a whole, consisting of good and bad counts, is properly overruled. We do not decide that either of the counts of the complaint is defective, but the demurrer is 'to the complaint, and…
2Cited by4 opinions
- Cronin v. American Securities Co.Supreme Court of Alabama · 1909
- Terst Sons & Co. v. O'NealSupreme Court of Alabama · 1895
- Perry & Co. v. KingSupreme Court of Alabama · 1897
- Stewart Veneer Co. v. Windham & Co.Alabama Court of Appeals · 1915