Palmer v. Showalter
Supreme Court of Virginia
Error to a judgment of the Circuit Court of Augusta county in an action of trespass on the case. Judgment for defendants. Plaintiff assigns error.
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Error to a judgment of the Circuit Court of Augusta county in an action of trespass on the case. Judgment for defendants. Plaintiff assigns error. This is an action in tort instituted by motion to recover $500, alleged damages, but involves the ultimate question of whether the plaintiff in error (Palmer), who was the plaintiff in the court below, and is a real estate agent, was entitled to commissions on a certain sale of real estate made by the defendant in error (Showalter). The sale in question was consummated by a deed of date March 27, 1917, from Showalter to one George A. Brown,…
1Opinion of the Court
SIMS, J.,
after making the foregoing statement, delivered the following opinion of the court.
The issue in this case involves purely a question of fact, namely:
1. Was the sale of his farm by Showalter, mentioned in¡ the statement preceding this opinion, a boma fide sale *316to George A. Brown; or was it merely a pretended sale to him, being in truth a sale from Showalter to Floyd E. Brown, cloaked and attempted to be disguised as a sale to George A. Brown with the purpose and intent on the part of Showalter to escape the fulfillment of his obligation to the plaintiff as a real estate agent to pay…
2Cases cited3 opinions
- Virginia Fire & Marine Insurance v. HogueSupreme Court of Virginia · 1906
- Muse v. SternSupreme Court of Virginia · 1886
- Noell v. NoellSupreme Court of Virginia · 1896
3Cited by12 opinions
- W. S. Forbes & Co. v. Southern Cotton Oil Co.Supreme Court of Virginia · 1921
- Redford v. BookerSupreme Court of Virginia · 1936
- Hudgins v. JonesSupreme Court of Virginia · 1964
- Drake v. Norfolk Steam Laundry Corp.Supreme Court of Virginia · 1923
- Smith v. OttleySupreme Court of Virginia · 1926
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