Legal Opinion

Kinsland v. . Grimshawe

Supreme Court of North Carolina

Decided December 14, 1907PublishedCited by 6 opinions

Civil actios, tried before Guión, J., and a jury, at August Term, 1901, of the Superior Court of TbaNsylvahta County. The defendant, during the month of April, 1903, entered into an agreement with plaintiff, by the terms of which plaintiff was to find a purchaser for a large body of land belonging to defendant, at the price of $3.50 per acre.

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Civil actios, tried before Guión, J., and a jury, at August Term, 1901, of the Superior Court of TbaNsylvahta County. The defendant, during the month of April, 1903, entered into an agreement with plaintiff, by the terms of which plaintiff was to find a purchaser for a large body of land belonging to defendant, at the price of $3.50 per acre. Eor his services, if a sale was made to a purchaser who should be found by plaintiff, he was to. receive a commission of 10 per cent, on the cash payment and 5 per cent, on deferred payments. Plaintiff introduced to defendant one Bourne, representing PI.…

1Opinion of the Court

CoNNOR, J.,

after stating tbe case: His Honor could not have directed judgment of nonsuit. Tbe testimony presented questions for tbe jury. There was ample evidence to show tbe contract as found by the jury. This is not seriously controverted by defendant, bis defense resting upon other grounds. In regard to tbe second issue, tbe defendant says that be extended tbe option of 27 Hay, 1903, to 20 August, 1903. He says that, on 21 August, 1903, plaintiff and Bourne asked for an extension of two months, “which I made it.” It is true that, at tbe expiration of that time, 20 October, 1903, Graves…

2Cited by6 opinions

  1. Moore v. KelleyCourt of Appeals of Texas · 1914
  2. Olson v. BricklesSupreme Court of Virginia · 1962
  3. Mendenhall v. Adair Realty & Loan Co.Court of Appeals of Georgia · 1942
  4. W. C. Tyrrell Trust v. LovellCourt of Appeals of Texas · 1929
  5. Oscar Dooly Associates, Inc. v. MumfordDistrict Court of Appeal of Florida · 1970

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