Lenoir Realty & Insurance v. Corpening
Supreme Court of North Carolina
Action beard before Ward, J., and a jury, at November Term, 1907, of Caldwell. J. E. Mattocks and T. B. Lewis, trading under tbe name of plaintiff, sued for recovery of damages for breach of contract, alleging that defendant bad entered into a contract in writing, made a part of tbe complaint, whereby be authorized them to sell, and, upon finding a purchaser, agreed to make title to a tract of land owned by him.
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Action beard before Ward, J., and a jury, at November Term, 1907, of Caldwell. J. E. Mattocks and T. B. Lewis, trading under tbe name of plaintiff, sued for recovery of damages for breach of contract, alleging that defendant bad entered into a contract in writing, made a part of tbe complaint, whereby be authorized them to sell, and, upon finding a purchaser, agreed to make title to a tract of land owned by him. Eor the service rendered in making sale plaintiff was to receive a compensation of five per cent. Tbe minimum amount at which plaintiff was authorized to sell was $3,800 ($4,000 to be…
1Opinion of the CourtCoNNOR, J.
The plaintiff is confronted with the fact that in no possible aspect of the complaint can it recover more than $200. The commission for making sale was to be five per cent. This included all expenses and payment for services rendered in making sale. The amount for which the sale was made was $4,000, hence the commission could not exceed $200. It is too well settled to admit of controversy that the jurisdiction is fixed by the amount for which in .the aspect most favorable for plaintiff judgment could be rendered upon the facts set out. Frœlich v. Express Co., 67 N. C., 1. It is also settled…
2Cases cited2 opinions
- Frœlich v. Southern Express Co.Supreme Court of North Carolina · 1872
- Bowers v. Richmond & Danville RailroadSupreme Court of North Carolina · 1890
3Cited by4 opinions
- Henderson County v. . SmythSupreme Court of North Carolina · 1939
- Wooten v. S. R. Biggs Drug Co.Supreme Court of North Carolina · 1915
- Dees v. . AppleSupreme Court of North Carolina · 1935
- Howard v. Queen City Coach Co.Supreme Court of North Carolina · 1937