Hallman v. Lipscomb
Supreme Court of South Carolina
Before Gary, J., Cherokee, Fall term, 1919. Action by A. L. Hallman against Emma G. Lipscomb for commissions as agent on a sale of real estate.
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Before Gary, J., Cherokee, Fall term, 1919. Action by A. L. Hallman against Emma G. Lipscomb for commissions as agent on a sale of real estate. From verdict for plaintiff, defendant appeals. cite: Testimony as to oral contract which had been superseded by zvritten contract was admitted in error and should have been stricken out: 46 S. C. 411; 47 S. C. 176; 77 S. C. 191; 83 S. C. 204; 90 S. C. 541; 108 S. C. 47; 109 S. C. 29; 111 S. C. 287; 27 S. C. 376; 99 S. C. 108; 17 Cyc. 632. Jury should have been instructed as to the elements of fraud: 20 Cyc. 127, et seq.; 62 S. C. 42. Oral argument.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Fraser.
The plaintiff is a real estate agent. The defendant was the owner of a tract of land in Cherokee county, near Gaffney. The plaintiff asked the defendant to allow him to sell her plantation for her. The defendant was not anxious to sell. There were several interviews between the parties in reference to the sale. About the conversations there is much conflict of evidence. The plaintiff claims that the defendant agreed to pay commissions of 5 per cent, on the selling price. The defendant claims that the price of $12,000, for which she…
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