Culver v. A. A. Gambill Realty Co.
This text of 107 So. 917 (Culver v. A. A. Gambill Realty 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.
Opinion
The vendor and purchaser having entered into a valid t and binding contract, and the vendor having agreed to pay the broker’s’eommission,'the question of prior agency became immaterial. - Such is the effect of the ruling of this court on a. reconsideration of this cause. Culver v. A. A. Gambill Realty Co., ante, p. 84, 107. So. 914.
It may properly be here added also that the effect of the former opiniop is that, under the undisputed proof as ¿ppears in the opinion of the Court of Appeals (107 So. 909), the plaintiff is entitled to. the affirmative charge.
The statement in the last opinion of the Court of Appeals to the effect that the question of agency is one to be. submitted for the jury’s determination is, it seems,, a misinterpretation of the opinion heretofore rendered by this court. What is herein stated suffices for another trial of the cause.'
The writ will be denied.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
107 So. 917, 214 Ala. 375, 1926 Ala. LEXIS 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/culver-v-a-a-gambill-realty-co-ala-1926.