85 So. 845 | Ala. Ct. App. | 1920
The defendant was the owner of 160 acres of land, which he desired to sell, and for this purpose employed plaintiff to procure a purchaser, agreeing to pay for the service 5 per cent. of the purchase price. The plaintiff did procure a purchaser at a satisfactory price, to wit, $6,400, and after some negotiations as to terms and time of delivery of possession defendant and the purchaser entered into an agreement, dated March 19, 1918, which will be set out by the reporter.
This contract was accepted by both parties, and the consideration named was paid. The commission agreed upon between plaintiff and defendant was demanded, but never paid, the defendant claiming that the contract of sale had never been consummated. On March 31, 1919, the purchaser executed and delivered to defendant, and defendant accepted, a quitclaim deed to the property, which quitclaim deed recognized the binding force and effect of the original contract of sale, and recited that the defendant and purchasers had mutually agreed to rescind the contract of sale, and that defendant should retain the $500 cash payment. This quitclaim deed was admissible as going to show what construction the defendant put upon the contract of purchase and sale. McGowin Lumber Export Co. v. Camp Lumber Co.,
The plaintiff having procured a purchaser ready, willing, and able to purchase defendant's property, upon terms satisfactory to defendant, was entitled to be paid the agreed commissions. Kellar v. Jones Weeden,
Admitting that some of the rulings of the court on the evidence may have been error, which we do not decide, upon the undisputed evidence in this case, and considering everything offered to be proved by defendant, plaintiff was entitled to the general affirmative charge, and such rulings could not affect the result.
The court committed no error in giving the general charge as requested in writing by plaintiff, and the judgment is affirmed.
Affirmed.