Martin v. . Holly
Supreme Court of North Carolina
Agency — -Revocation. This was a civil ACTION, tried before MacRae, J., at Spring Term, 1889, of the Superior Court of Bertie County.
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Agency — -Revocation. This was a civil ACTION, tried before MacRae, J., at Spring Term, 1889, of the Superior Court of Bertie County. The plaintiff declared— 1. Upon a special contract to the effect that he was employed by the defendant to sell the timber upon two tracts of land — the “Piney Woods tract and the Willow Branch farm ” — and that if he sold it for $25,000 the defendant was to pay him $500 for his services. 2. That defendant employed him to sell said timber, and that plaintiff's services were reasonably worth $500. The defendant admitted the contract; that the timber was sold, and…
1Opinion of the CourtShepherd, J.
(after stating the case). It was ingeniously contended by the learned counsel for the appellant, that the action, being founded on a special contract, the conduct of the plaintiff in demanding and threatening to sue for a part of the contract price, and his reception of the same after a sale of the Piney Woods timber, was, in effect, a rescission of the agreement, and that, for this reason, he is not entitled to recover. The plaintiff denied that b.e was discharged before he had rendered the services, and as to the part payment, he testified that “ he and the defendant did not differ about…
2Cases cited3 opinions
- Glentworth v. LutherNew York Supreme Court · 1855
- Kersey v. GartonSupreme Court of Missouri · 1883
- Gillett v. CorumSupreme Court of Kansas · 1871
3Cited by16 opinions
- Abbott v. Hunt.Supreme Court of North Carolina · 1901
- S & W Realty & Bonded Commercial Agency, Inc. v. Duckworth & Shelton, Inc.Supreme Court of North Carolina · 1968
- American Trust Co. v. GoodeSupreme Court of North Carolina · 1913
- Mallonee v. . YoungSupreme Court of North Carolina · 1896
- Dorsey v. . CorbettSupreme Court of North Carolina · 1925
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