Smith v. Tate
Supreme Court of Virginia
Error to judgment of circuit court of Smyth county, rendered 29th April, 1885, in an action of covenant wherein C. T. Smith was plaintiff and Thomas G. Tate was defendant. The object of the action was to recover damages instead of commissions agreed on in event plaintiff made sale of defendant’s land, the completion of the sale being alleged to have been prevented by defendant’s failure to have the land surveyed and refusal to extend the agency.
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Error to judgment of circuit court of Smyth county, rendered 29th April, 1885, in an action of covenant wherein C. T. Smith was plaintiff and Thomas G. Tate was defendant. The object of the action was to recover damages instead of commissions agreed on in event plaintiff made sale of defendant’s land, the completion of the sale being alleged to have been prevented by defendant’s failure to have the land surveyed and refusal to extend the agency. The action was founded on the following contract under seal, entered into between the parties on the 26th day of April, 1882: “This article‘of…
1Opinion of the CourtRichardson, J.
(after stating the case), delivered the opinion of the court.
■ Though amplified by numerous bills of exception, the question to be determined by this court is within a very narrow compass. It is simply whether, in view of the contract between the parties and the evidence adduced before the jury, the plaintiff is entitled to recover. There could be no difficulty in answering this question negatively, as the jury answered it, if the trial court did not err in the rulings excepted to at the trial.
At the trial the plaintiff introduced in evidence, without objection by the defendant, the said…
2Cited by13 opinions
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- Richeson v. WilsonSupreme Court of Virginia · 1948
- Seergy v. Morris Realty Corp.Supreme Court of Virginia · 1924
- Payne v. JenningsSupreme Court of Virginia · 1926
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