Jones v. Palace Realty Co.
Supreme Court of North Carolina
Appeal by plaintiff from Bobbitt, J., at November Extra Term, 1945, of MeCKLENBTJRG. Civil action, by broker to recover commission for procuring purchaser ready, able and willing to buy land on terms authorized. The plaintiff is a licensed real estate broker iñ the City of Charlotte.
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Appeal by plaintiff from Bobbitt, J., at November Extra Term, 1945, of MeCKLENBTJRG. Civil action, by broker to recover commission for procuring purchaser ready, able and willing to buy land on terms authorized. The plaintiff is a licensed real estate broker iñ the City of Charlotte. In August, 1944, he was given the exclusive right, for thirty days, to sell the old Charlotte Sanatorium property at a price satisfactory to the owner — commission to be paid “out of the proceeds.” On 1 September, 1944, the plaintiff prepared a letter for signature by the Palace Realty Company, addressed to Mr.…
1Opinion of the CourtStacy, C. J.
The question for decision is whether the promise to pay the plaintiff’s commission, as set out in the letter of 1 September, 1944, from Palace Eealty Company to TJ. A. Zimmerman, binds the defendant absolutely or conditionally. The trial court interpreted the stipulation as a promise to pay plaintiff’s commission “when”- — and only when— “the deal is closed up,” and then “out of the sale price of the property.” The view seems to accord with the terms of the agreement as prepared by the plaintiff. Anno. 20 A. L. R., 289.
It will be noted the judgment of nonsuit is grounded on the special…
2Cases cited30 opinions
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