Bob Bell Realty Co. v. Jones Valley Land Co.

Supreme Court of Alabama

Bob Bell Realty Co. v. Jones Valley Land Co.

130 So. 320, 221 Ala. 689, 1930 Ala. LEXIS 409

CourtSupreme Court of Alabama

DecidedJune 26, 1930

Docket6 Div. 625.

StatusPublished

Cited by1 cases

This text of 130 So. 320 (Bob Bell Realty Co. v. Jones Valley Land Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bob Bell Realty Co. v. Jones Valley Land Co., 130 So. 320, 221 Ala. 689, 1930 Ala. LEXIS 409 (Ala. 1930).

Pincite

Opinions

As we understand, the suit is for a breach of a contract for a commission agreed to be paid by the defendant corporation for finding a purchaser ready, able, and willing to buy the defendant's property at an agreed price. It is not a contract for the sale of defendant's property as forbidden by section 7036 of the Code of 1923, except under the conditions thereby required. O'Neal v. Plowden, 220 Ala. 317, 124 So. 882; Sayre v. Wilson Ingram, 86 Ala. 151, 5 So. 157; Morgan v. Whatley Whatley, 205 Ala. 170, 87 So. 846; Cofield v. McGraw Garner, 16 Ala. App. 369, 77 So. 981, and Glass v. Lamar Smith,21 Ala. App. 325, 109 So. 170, wherein certiorari was denied by this court, 215 Ala. 52, 109 So. 171.

Plea 6 was subject to the plaintiff's demurrer, especially grounds 10, 11, and 13, and the trial court committed reversible error in not sustaining said demurrer.

The judgment of the circuit court is reversed, the judgment of nonsuit is set aside, and the cause is remanded.

Reversed, rendered, and remanded.

All the Justices concur, except THOMAS, J., who dissents.

Free access — add to your briefcase to read the full text and ask questions with AI

As we understand, the suit is for a breach of a contract for a commission agreed to be paid by the defendant corporation for finding a purchaser ready, able, and willing to buy the defendant's property at an agreed price. It is not a contract for the sale of defendant's property as forbidden by section 7036 of the Code of 1923, except under the conditions thereby required. O'Neal v. Plowden, 220 Ala. 317, 124 So. 882; Sayre v. Wilson Ingram, 86 Ala. 151, 5 So. 157; Morgan v. Whatley Whatley, 205 Ala. 170, 87 So. 846; Cofield v. McGraw Garner, 16 Ala. App. 369, 77 So. 981, and Glass v. Lamar Smith,21 Ala. App. 325, 109 So. 170, wherein certiorari was denied by this court, 215 Ala. 52, 109 So. 171.

Plea 6 was subject to the plaintiff's demurrer, especially grounds 10, 11, and 13, and the trial court committed reversible error in not sustaining said demurrer.

The judgment of the circuit court is reversed, the judgment of nonsuit is set aside, and the cause is remanded.

Reversed, rendered, and remanded.

All the Justices concur, except THOMAS, J., who dissents.

Cite This Page — Counsel Stack

Bluebook (online)

130 So. 320, 221 Ala. 689, 1930 Ala. LEXIS 409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bob-bell-realty-co-v-jones-valley-land-co-ala-1930.

Opinions

Related

Cite This Page — Counsel Stack