Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-10-05

The Circuit Court met yesterday at half
past eight o'clock, A. NJ, Judge Brien pre-
siding.
Quite a number of cases were disposd Of
We notice only those of interest to the gen.
eral reader
w. Matt Brown q Co. rs. Martin. The
facts in this case seemed about as follows ::
Martin entered piece of property on the
books of Brown & Co., real estate agents,
for them to sell for him. The regular
commissions were five per cent. Brown
negotiated with General Hickman for the
saleo the property, but did not consummate
the sale. Hickman afterwards purchased
it directly from Martin, the owner This
suit was brought to recover the fees al
legged TO bedue Brown 4 Co. as agents, under
a custom among real estate agents in such
cases here in Nashville. The court charged
the Jury, no special contract being proven
in this case, the plaintiffs could not re-
cover. The suit was brought to test the
question. Parties having real estate to
sell, place it in the hands of real estate
agents to dispose of for them; and, it often
happens, before the agent consummates q
bargain, the owner of the property effects
a sale himself, to the very party whose at
tention was first brought to the subject By
the agent, and the latter, unless the owner
complies with the rules of real estate
agents in such cases, is cut out
of all compensation for his trouble and ex-
pense in the matter. The rule mentioned
is this 1t places his property in the hands
nf raoI actafa aranf if The oxupor affantu
the transfer with a party originally in
huenced by the agent, the latter is TO have
his full commissions if with an outside
party, the agent gets half commissions. 1t
has been expressly decided in this State, IL
a party regularly employs an attorney to
defend or prosecute his suit, and then goes
and employs other counsel, ignoring his
first engagement, the attorney, if he proves
he was present, ready and willing to attend
to the suit, shall recover the full amount Of
his fees, the same as if he actually did all
the work. 1t would be nothing bat justice,
we're there a similar Law in regard to real
estate agents.
Jones rs. Marshall & Son, and about
six other cases against the same party,
came up on an appeal. They were all for
services for work and labor done, the plain
tiffs being iourneymen carpenters The
| proof in each case was shown by one and
the same deposition, which it had been
| originally agreed should be read as evil
dence for all the cases, the same counsel
acting in each. The successive reading and
efficacy of this valuable paper, gave rise to
considerable amusement in the courtroom,
and was the occasion of little enlivening
righteousness from the bench and attorneys
present. If not witty in ITSELF cit was the
cause Of wit in other men y Case after
case was called, jury after jury LETT the
box, but the deposition seemed to gather
new life after each verdict. One lawyer
wanted TO know "whether there were any
more like il. where that came fromF An.
o,herwanted to borrow it, when counsel
was through with it In despair, the de-
fendant's counsel asked that the third Of
fourth jury then leaving the box take tbs
deposition with them, as part OF the eva
dence in that particular case Ills Honor
humorously remarked, che didn't see how
the plaintiff could get along without At
'FYes," said counsel, its the most eiasuI
deposition | ever sawp When 1t coulC
do no more the Clerk asked that II be
handed him, that he might file 1t carefully
away with the records of the court
The case ofSuter rs. Louisvill lie and Nash
Vile Railroad Company, occupied most Q
the afternoon, and will probably take al
all of to-day.