Joice v. . Bohanan
Supreme Court of North Carolina
ActxoN oe assumpsit, tried before Saundees, J.-, at the Spring Term, 1857, of Stokes Superior Court. It appeared that, in September, 1854, the plaintiff and defendant, by parol, agreed that, if the plaintiff would sell defendant’s land, that the plaintiff should have all he could get for it over $1500; that after this contract was made, the plaintiff sold the land for $1800, and in the same month (September) plaintiff, defendant, and Yernon, the purchaser met, when the…
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ActxoN oe assumpsit, tried before Saundees, J.-, at the Spring Term, 1857, of Stokes Superior Court. It appeared that, in September, 1854, the plaintiff and defendant, by parol, agreed that, if the plaintiff would sell defendant’s land, that the plaintiff should have all he could get for it over $1500; that after this contract was made, the plaintiff sold the land for $1800, and in the same month (September) plaintiff, defendant, and Yernon, the purchaser met, when the defendant received in cash from Yernon, some two or three hundred dollars, and took his notes for the remainder of the…
1Opinion of the CourtPearson, J.
We concur with his Honor that ths plaintiff commenced his action too soon. Had the matter rested upon inference, we would have been of opinion that the plaintiff, according to the agreement, was to sell for cash, and by way of compensation for his trouble, and in lieu of commissions, was to have all he got over $1500; that is, the defendant was, in the first place, to have $1500 in cash, in consideration for his land, and the plaintiff was then to have any excess he might be able to obtain.
By giving a long credit without interest, the plaintiff could, no doubt, have found a purchaser at…
2Cited by1 opinion
- Stockton v. . LenoirSupreme Court of North Carolina · 1929