Mallonee v. . Young
Supreme Court of North Carolina
Civir, ACTION, tried before Br^wn, J., at October Term, 1896, of MeokleNbtjkg Superior Court, for the recovery of commissions on the sale of real estate. Upon an intimation by his Honor that the plaintiff could not recover upon his own testimony, the latter submitted to a non-suit and appealed. The opinion of Chief Justice Faik-clotii contains a full summary of the plaintiff’s testimony.
1Opinion of the Court
Faiecloth, O. J. :
This action is brought to recover comniissions for an alleged sale of defendant’s land by-contract with defendant. As the case did not go to the jury by reason of the court’s opinion that plaintiff could not recover according to his own evidence, the evidence must be taken as true. The original contract was that if plaintiff, a real estate agent, could sell at a specified price he was to receive usual commissions. Defendant stated : “I am to withdraw from your hands if I desire. If I sell the property myself when you have not worked up a sale, you are not entitled to any…
2Cases cited3 opinions
- State v. . KigerSupreme Court of North Carolina · 1894
- Martin v. . HollySupreme Court of North Carolina · 1889
- Lipe v. LudewickAppellate Court of Illinois · 1884
3Cited by11 opinions
- Abbott v. Hunt.Supreme Court of North Carolina · 1901
- Raleigh Real Estate & Trust Co. v. AdamsSupreme Court of North Carolina · 1907
- American Trust Co. v. GoodeSupreme Court of North Carolina · 1913
- Clark v. East Lake Lumber Co.Supreme Court of North Carolina · 1912
- McCoy v. Wachovia Bank & Trust Co.Supreme Court of North Carolina · 1933
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