Gibson Land Auction Co. v. Brittain
Supreme Court of North Carolina
Appeal by plaintiffs from Shaw, J., at July Term, 1921, of McDowell. Civil action to recover damages for loss of commissions arising' out of defendant’s alleged breach of contract to purchase nine lots, same having been sold to him as the last and highest bidder at a public sale. From the judgment of nonsuit entered at the close of the evidence, plaintiffs appealed.
1Opinion of the CourtStacy, J.
The following statement of the case will suffice for our present decision:
Plaintiffs, auctioneers, by agreement with the owner of the property, were to receive as their compensation for conducting the sale a given per cent of the selling price of the lands. The defendant was present and became the last and highest bidder of the lots in question, and signed memoranda containing the following stipulation: “This is to certify that I have this day bought of R. Williams, through Gibson Land Auction Company, the following real estate, as shown on the map of the R. Williams property, and on the…
2Cases cited7 opinions
- Tinsley v. DowellTexas Supreme Court · 1894
- Livermore v. CraneWashington Supreme Court · 1901
- Atkinson v. . PackSupreme Court of North Carolina · 1894
- Cavender v. WaddinghamMissouri Court of Appeals · 1876
- Eells Bros. v. ParsonsSupreme Court of Iowa · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hatten R. Co. v. Baylies Et Ux.Wyoming Supreme Court · 1930
- Brawner v. CumbieCourt of Appeals of Texas · 1924
- Giovannoni v. Waple & James, Inc.Court of Appeals for the D.C. Circuit · 1939
- Johnson v. ClarkNorth Dakota Supreme Court · 1949
- Messer-Johnson Realty Co. v. NewmanSupreme Court of Alabama · 1923
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