Henderson v. Electric Loop Land Co.
Opinion
Lead Opinion
Burroughs, J.
These three cases were consolidated for trial and are brought here upon one record.
The plaintiff, as the administratrix of the estate of Edward James Henderson, deceased, sought to recover from the defendant Electric Loop Land Company $13,336.39; from the defendant Richmond Annex Land Company $12,202.54; from the defendant Havenscourt Company $10,925.11. In each one of the three cases the court gave judgment for the defendant, and from said judgment the plaintiff appeals.
The cause of action is the same in each case. It is alleged as the foundation of the several actions, that during the lifetime of said Edward James Henderson certain contracts for the sale of real estate were entered into by him with the several defendants, whereby, as agent, he agreed to sell said real estate according to the terms of said contracts and for his services was to receive the compensation provided for in such contracts as and when the same were paid by the various purchasers of said land. That Henderson kept and performed all of the conditions of said contracts and that since his death the respective defendants have collected the amounts hereinbefore set forth and which are due under the terms of…