Western Carolina Realty Co. v. Rumbough
Supreme Court of North Carolina
Civil ACTION tried before Adams, 3and a jury, at Bujstcombe Superior Court. Tbe action was brought to recover the amount of commissions for leasing real property in Asheville, N. C., and collecting the rent due for four months under a contract alleged by the plaintiff to have been made with the defendants Rumbough and wife. The other defendants are the lessee, Lowenbein-Rutenberg Company, and M. Y. Moore, the purchaser of the'property from the Rumboughs.
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Civil ACTION tried before Adams, 3and a jury, at Bujstcombe Superior Court. Tbe action was brought to recover the amount of commissions for leasing real property in Asheville, N. C., and collecting the rent due for four months under a contract alleged by the plaintiff to have been made with the defendants Rumbough and wife. The other defendants are the lessee, Lowenbein-Rutenberg Company, and M. Y. Moore, the purchaser of the'property from the Rumboughs. At the trial, judgment of nonsuit as to all defendants except Rum-bough and wife was entered, and as to them the plaintiff Western Carolina…
1Opinion of the Court
Walker, J.,
after stating the case: We are of the opinion that there was evidence to show that Mr. Eumbough, in his negotiations with the plaintiff realty company for leasing the property of Mrs. Eumbough, was acting as her agent, and this evidence did not consist in declarations and acts of the agent, which would be incompetent. Francis v. Edwards, 77 N. C., 271; Daniel v. R. R., 136 N. C., 517; Jackson v. Tel. Co., 139 N. C., 347; McCormick v. Williams, 152 N. C., 638. There is proof, apart from what Mr. Eumbough did or said, which tends to show that he was acting for and in .behalf of his…
2Cases cited5 opinions
- Daniel v. RailroadSupreme Court of North Carolina · 1904
- Francis v. W. J. & J. G. Edwards & Co.Supreme Court of North Carolina · 1877
- Hill, Fontaine & Co. v. HeltonSupreme Court of Alabama · 1886
- Latham v. . FieldSupreme Court of North Carolina · 1913
- McCormick v. . WilliamsSupreme Court of North Carolina · 1910
3Cited by8 opinions
- Norburn v. MacKieSupreme Court of North Carolina · 1964
- Investment Properties of Asheville, Inc. v. AllenSupreme Court of North Carolina · 1972
- Smith v. . KappasSupreme Court of North Carolina · 1941
- Buckner v. . C. I. T. CorporationSupreme Court of North Carolina · 1930
- J. L. Thompson Co. v. CoatsSupreme Court of North Carolina · 1917
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