Champion v. Whaley

Bell, Judge:

This is an action for damages for breach of contract. Champion, a realtor, alleges he is due a commission from Whaley and Edwards under an exclusive agency contract for the sale of a house. The matter came on for trial before a jury, but at the close of Champion’s evidence the judge granted the defendants’ motion for a nonsuit. Champion appeals. As the evidence raised material issues of fact for determination by the jury, we reverse and remand for a new trial.

On a motion for an involuntary nonsuit the evidence must be viewed in the light most favorable to the plaintiff and if more…