Hopewell Heights Development Co. v. Kagay-Marshall Realty Co.
Supreme Court of Virginia
Error to a, judgment of the Circuit Court of city of Petersburg, in a proceeding by motion for a judgment for money. Judgment for. plaintiff. Defendant assigns error.
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Error to a, judgment of the Circuit Court of city of Petersburg, in a proceeding by motion for a judgment for money. Judgment for. plaintiff. Defendant assigns error. This case involves the question of whether the defendant in error (the plaintiff in the court below), the sales agent of the vendor, under a certain contract in writing, has the right to demand payment by the vendor, out of certain collections of purchase money, of certain, compensation to the agent for making sale of certain land. The vendor is the plaintiff in error, having been the defendant in the court below, and the…
1Opinion of the Court
Sims, J.,
after making the foregoing statement, delivered the following opinion of the court.
In the view we take of this case we shall consider it upon the assumption that the rights of neither party under the contract were prejudiced by the payments made by the vendor to the agent, which were in excess of the 20% commission admittedly due the latter. And—
1. The sole question before us is whether the proper construction of the contract itself is that given to it by the learned judge of the court below, namely, “that twenty per cent, of the list price and one-half of the overage together…
2Cases cited2 opinions
- Munroe v. TaylorMassachusetts Supreme Judicial Court · 1906
- Peters v. AndersonSupreme Court of Virginia · 1892