70 So. 273 | Ala. | 1915
Plaintiff in the court below, appellee here, sued for commissions alleged to have been earned in finding a pur
Defendant participated to some extent in the negotiations that led up to the agreement in writing found in the record, but in the main defendant’s son Gillespie conducted the negotiations and undertook to represent his mother in fixing its precise terms. On its face, this agreement purports to have been executed by Gillespie on his own account as one of the contracting parties. Its closing stipulation is that the trade was to be closed as soon as Gillespie negotiated “a loan of $3,500 on 204 acres,” meaning as the evidence very clearly shows, the 200 acres defendant was trying to sell. It is clear also that Haygood did not intend to assume the whole of the $5,000 mortgage, and that he had not $3,500 in money to pay. This stipulation meant, then, that the binding obligation of the contract was dependant upon an arrangement being made for a new mortgage, or an extension of the existing mortgage, in the sum of $3,500, which was to be made or assumed by Haygood as the equivalent of $3,500 in cash. This left $1,500 to be raised by defendant, to be borrowed by her from some other source as Haygood knew, and this sum in connection with the new or extended mortgage, was to be used to satisfy the existing debt to the bank. Plaintiff proved that Haygood procured an agreement with the Bank of Springville ,by which it was to make a new loan of $3,500 on defendant’s land, and that at the final interview between the parties, when they met by appointment to carry out the agreement, Haygood announced that he was then and there able, willing, and ready on his part to do so.
There is in the evidence strong indication that defendant had no wish, at any time, to 'recede from this last agreement, but, on the contrary, she desired that it should be consummated. Having that end in view, she submitted an abstract of Hay-
Reversed and rendered.