The Texas Civil Appeals Reports Volume 57

The Texas Civil Appeals Reports Volume 57

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1911 edition. Excerpt: ...not profit because he did nothing, and the only ground upon which he could possibly recover any of the commission is that appellants promised to give him one-half of it. Appellants were the only agents authorized to sell 8000 acres of the land, and were the only ones who ever offered the land to Simmons on the terms on which it was sold to him and his associates. Simmons swore positively_ that his negotiations with the real estate company did not influence his actions, for the good and suflieient reason that he did not know that the land he bought was the same land about which he had talked with the real estate company. The purchase was not made on the same terms offered by the company and it earned no commission. Edwards v. Pike, 49 Texas Civ. App., 30. The case cited is a well considered one and directly in point in this case. The judgment is reversed and judgment here rendered that C. S. Fowler recover $250 of appellants and Roberts as an attorney's fee, and to recover of appellants and Roberts the sum of $250 which they agreed to pay towards obtaining a modification of the Wood contract, and all costs of this suit, to be paid out of the money deposited in the registry of the lower court, and that appellants and Fred Roberts recover of C. S. Fowler the sum of $4800 less the sum of $500 aforementioned, and all costs, to be paid out of said sum on deposit, to be divided equally between them, each to receive onehalf; that F. Z. Bishop and the Randle-Gibson Real.Estate Company take nothing by this suit and pay all costs in this behalf expended. Reversed and rendered. LAKE CHARLES NATIONAL BANK ET AL. v. J. I. CAMPBELL COMPANY. Decided November 3, 1909. Bece1vership--IB.atable Distribution of Assets--Powers of Court. A more

Product details

  • Paperback | 394 pages
  • 189 x 246 x 21mm | 703g
  • United States
  • English
  • black & white illustrations
  • 1236780442
  • 9781236780447