Clark v. East Lake Lumber Co.
Supreme Court of North Carolina
Appeal from Cline, J., at Fall Term, 1911, of DaRE. Tbe plaintiffs allege two causes of action. Tbe first is that on or about 24 May, 1905, tbe defendant employed tbe plaintiffs to sell for it a certain tract of land, particularly described, and agreed to pay them 5 per cent commission on tbe purchase price, which should not be less than $220,000; that they procured a purchaser at said price, who was ready, able, and willing to buy; that the defendant was duly notified…
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Appeal from Cline, J., at Fall Term, 1911, of DaRE. Tbe plaintiffs allege two causes of action. Tbe first is that on or about 24 May, 1905, tbe defendant employed tbe plaintiffs to sell for it a certain tract of land, particularly described, and agreed to pay them 5 per cent commission on tbe purchase price, which should not be less than $220,000; that they procured a purchaser at said price, who was ready, able, and willing to buy; that the defendant was duly notified thereof, and it refused to make title to said purchaser, and refused to pay the plaintiffs their commissions. The second…
1Opinion of the CourtAllen, J.
The two causes of action set out in the complaint are inconsistent, and both cannot be true.
In the first, the plaintiffs seek to recover commissions because they contend they found a purchaser for the land of the defendant, who was ready and able to pay the purchase price, and so notified the defendant, who refused to convey; and in the second, to recover damages because the defendant represented the title to the land to be good; that they relied on these representations and found a purchaser for the land, who, after examination, refused to buy because the title was defective.
¥e will,…
2Cases cited7 opinions
- Trogden v. . WilliamsSupreme Court of North Carolina · 1907
- Hardy v. . WardSupreme Court of North Carolina · 1909
- Raleigh Real Estate & Trust Co. v. AdamsSupreme Court of North Carolina · 1907
- Tanning Co. v. . Telegraph Co.Supreme Court of North Carolina · 1906
- Mallonee v. . YoungSupreme Court of North Carolina · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Winders v. . KenanSupreme Court of North Carolina · 1918
- Daniel Boone Complex, Inc. v. FurstCourt of Appeals of North Carolina · 1979
- Parker v. Mecklenburg Realty & InsuranceSupreme Court of North Carolina · 1928
- American Trust Co. v. GoodeSupreme Court of North Carolina · 1913
- Perkins v. LangdonSupreme Court of North Carolina · 1951
8 more not listed; retrieve them via the Exa API.