McFarland v. Martin

The plaintiff in error, McFarland, sued defendant in error, Martin, to recover a commission alleged to have been earned by him by the sale of certain land which had been ,listed for sale with him by Martin. It was alleged by plaintiff that on or about January 21, 1920, he effected a sale to E. B. Propst of Charlotte, N. C., notwithstanding which Martin sold the land to other parties on February 2, 1920.

At the close of plaintiff’s evidence, a peremptory charge was given in favor of the defendant in error, who offered no evidence. Judgment was rendered accordingly.

In the absence of an exclusive…