Braden v. IsaBell K. Horsley Real Estate, Ltd.

This is a dispute between a broker and a salesperson over entitlement to commissions on the sale of real estate. We awarded this appeal to consider whether the trial court properly applied the doctrine of Massie v. Firmstone, 134 Va. 450, 114 S.E. 652 (1922). According to the doctrine, no party litigant can successfully ask a court or jury to believe that the party’s testimony is untruthful; the party is bound by statements of fact and necessary inferences flowing from those facts. In other words, when the case depends upon facts within the party’s own knowledge, and as to which the party has…