S & W Realty & Bonded Commercial Agency, Inc. v. Duckworth & Shelton, Inc.

In this case, plaintiff alleges one brokerage contract; defendant’s minutes, upon which plaintiff relies, show another; plaintiff’s evidence shows a third. Understandingly, the issues do not bring the case into sharp focus.

These facts are conceded by both parties: On 23 November 1962, defendant agreed that it would pay plaintiff a 5% commission if plaintiff sold • defendant’s Trade Street property to Belk’s for $116,-500.00 or more. Plaintiff was never able to effect a sale upon those terms. Approximately two and one-half years later defendant sold the property to Belk’s for $100,000.00 in…