United Farm Agency v. Malanuk

Harwell, Justice:

This is an action for a real estate commission on the sale of a house. The parties waived a jury trial, and the trial court awarded the respondent broker a commission of $5,250 plus costs. We affirm as modified.

In an action at law tried by the judge without a jury, his factual findings have the same force as a jury verdict and are conclusive on appeal unless found to be without evidentiary support or controlled by an error of law. Snell v. Parlette, 273 S. C. 317, 256 S. E. (2d) 410 (1979).

The appellants Robert and Mary Malanuk put their home on the market and posted a “For…