Olive v. . Kearsley
Supreme Court of North Carolina
Appeal by defendant from Grammer, J., at July Term, 1921, of Lee. This is an action by a broker on an alleged indebtedness of $250 for making sale of land. The defendant listed the land for sale with the plaintiff and a number of other brokers, and the same was sold to one Price.
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Appeal by defendant from Grammer, J., at July Term, 1921, of Lee. This is an action by a broker on an alleged indebtedness of $250 for making sale of land. The defendant listed the land for sale with the plaintiff and a number of other brokers, and the same was sold to one Price. The defendant was introduced to Price by one Garter (to whom the defendant paid $25 for making the sale). The plaintiff was allowed to testify over the defendant’s objection that the attendance of Price was procured by the “influence of plaintiff,” acting through one McGhee, who was dead at the time of the trial. The…
1Opinion of the CourtClark, C. J.
The court instructed the jury: “Now it is the law in North Carolina that when land is placed in the hands of a broker for sale, and that broker has begun negotiations, that the owner cannot take the matter into his own hands and complete the sale and refuse to -pay commission. Now, if you find from the evidence in this case — it is not refuted that the land was placed in íhe hands of Olive for sale — if you find from the greater weight of the evidence in this case that he had begun negotiations and brought the buyer down, then I instruct you that the defendant could not take the matter out of…
2Cases cited19 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Willcox & Gibbs Sewing MacHine Co. v. EwingSupreme Court of the United States · 1891
- Atkinson v. . PackSupreme Court of North Carolina · 1894
- Raleigh Real Estate & Trust Co. v. AdamsSupreme Court of North Carolina · 1907
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3Cited by4 opinions
- Lindsey v. . SpeightSupreme Court of North Carolina · 1944
- White v. . PleasantsSupreme Court of North Carolina · 1945
- Bolich-Hall Realty & Insurance v. DisherSupreme Court of North Carolina · 1945
- Divine v. Watauga Hospital Inc.District Court, M.D. North Carolina · 1956