Albritton v. Henry S. Miller Co.

STOREY, Justice.

Defendant John W. Albritton, III, appeals from a summary judgment granted plaintiff Henry S. Miller Co. The suit arose out of a contract for the sale of land under the terms of which defendant, the buyer, was obligated to pay plaintiff a broker’s commission. At closing of the contract of sale defendant and plaintiff agreed in writing to defer payment of the commission, but in all other respects the contract was closed in accordance with its terms and defendant accepted conveyance of the land. In answer to plaintiff’s suit, defendant alleged that he had been induced to enter…